The PDP had in suit No: FHC/PH/CS/132/2022 and dated July 7, 2022, approached the Federal High Court seeking an order for disqualification of the SDP and its candidates in Rivers State from participating in the 2023 general elections.
Candidates on the platform of the Social Democratic Party (SDP) for the 2023 general elections in Rivers State have filed an application before the Federal High Court sitting in Port Harcourt, the state capital, seeking the court to strike out a suit filed by the opposition Peoples Democratic Party (PDP).
The PDP had in suit No: FHC/PH/CS/132/2022 and dated July 7, 2022, approached the Federal High Court seeking an order for disqualification of the SDP and its candidates in Rivers State from participating in the 2023 general elections.
SaharaReporters learnt that the state governor, Nyesom Wike had filed the suit through the PDP to disqualify the SDP and its candidates for Senate and House of Representatives in the 2023 general elections.
"However, his lawyers, however, forgot to file or pay filing fees to file the Originating Summons on time," a source involved in the case told SaharaReporters on Wednesday.
The PDP in the suit prayed the court to restrain the Independent National Electoral Commission (INEC) from recognising SDP candidates contesting for various positions in the Senate and the House of Representatives in respect of Rivers State constituencies and State House of Assembly.
In the suit which had the Independent National Electoral Commission (INEC) as Ist defendant, SDP as 2nd defendant and 13 SDP candidates as 3rd to 16th defendants, the PDP said the SDP in the state "failed to hold valid primaries for the nomination of its candidates as required by law and the guidelines of the INEC."
The PDP amongst other things, further asked the court to declare that "the 3rd to 16th defendants are not eligible or qualified to contest the 2023 general elections in respect of the public elective offices of Senate and House of Representatives in respect of any of the constituencies in Rivers State, having not been duly nominated and sponsored by the 2nd (SDP) defendant as required by law."
But in their application countering the PDP's suit, the SDP candidates prayed the court to strike out the suit for non-payment of filing fees and lack of jurisdiction.
The applicants (SDP candidates) in their application argued that the "plaintiff (PDP) did not pay any filing fees on the 7th of July, 2022 to file the purported Originating Summons in this matter.
"That the plaintiff and some of the staff of the Federal High Court, Port Harcourt Judicial Division fraudulently endorsed that the Originating Summons in this matter was filed on 7th of July, 2022 irrespective of the fact that no filing fees were paid for the filing of the Originating Summons on the 7th of July, 2022."
According to them, the payment of filing fees is a precondition to or condition precedent to the court's assumption of jurisdiction, therefore, payment of filing fees is a precondition to the validity of the Originating Summons.
They argued that the non-payment of filing fees on the date on which the suit was purportedly filed has rendered the suit grossly incompetent and the court lacks the jurisdiction to entertain the suit.
The candidates through their legal team led by Femi Falana (SAN) stated that the plaintiff (PDP) presented a Remita Retrieval Reference (RRR) No. 3306-7962-0750 for the payment which was made on July 8, 2022, a day after the Originating Summons in the suit was purportedly filed.
"The plaintiff fraudulently used the payment for Remita Retrieval Reference (RRR) No 3306-7962-0750 to purportedly file this suit and deceitfully back-dated the date of filing to the 7th of July, 2022.
"The payment for Remita Retrieval Reference (RRR) No 3306-7962-0750 was done on the 8th of July, 2022, which is more than fourteen "14" days from the 26th day of May, 2022 when the 2nd defendant's (SDP) primary elections were held.
"The payment for Remita Retrieval Reference (RRR) No 3306-7962-0750 was done on the 8th of July, 2022, which is more than fourteen "14" days from the 24th of June, 2022 when the 1st defendant (INEC) published the names of the 3rd to 15th defendants as candidates of the 2nd defendant eligible to contest the 2023 general elections," the application said.
They, therefore, prayed the court to strike out the suit as the payment for Remita Retrieval Reference was done outside the constitutionally prescribed fourteen days provided in Section 285(9) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) for paying and filing pre-election matters.
According to the application dated October 17, 2022, the candidates also maintained that the court lacks the jurisdiction to entertain and determine the plaintiff's suit.