The lower court also ordered that a fresh primary should be held in the federal constituency within the next 14 days.
A Federal Court of Appeal sitting in Owerri has stayed the execution of an earlier judgment ordering the conduct of fresh primaries by the Peoples Democratic Party (PDP) in Aboh Mbaise/Ngor Okpala federal constituency of Imo State, the area where former Governor Emeka Ihedioha hails from.
A Federal High Court in January sacked Albert Agulanna, who emerged as the PDP candidate in the 2023 House of Representatives election, seeking to represent the constituency.
The lower court also ordered that a fresh primary should be held in the federal constituency within the next 14 days.
However, following an appeal filed by Dr Uzoma Ugochukwu, the appellate court has stopped the PDP from conducting fresh primaries.
The court in a judgement delivered by a three-man panel led by Justice Rita Pemu, held that the PDP and the Independent National Electoral Commission (INEC) should not conduct any fresh primaries pending the outcome of the appeal at the Supreme Court.
It said, "Accordingly, it is hereby ordered as follows: An order staying the execution of the judgment of this Honourable Court delivered on the 20th January, 2023 only as regards the Order for a fresh Primary election for Aboh-Mbaise/Ngor Okpala Federal Constituency of Imo State pending the hearing and final determination of the Applicant's Appeal before the Supreme Court on the proprietary of the said Order of fresh Primary.
"An order restraining the 1st and 2nd Respondents from enforcing in any way whatsoever the judgment of this court delivered on 20th January 2023, by way conducting a rerun primary election for the Aboh-Mbasie/Ngor-Okpala Federal Constituency.
"And for such further or other order(s) as this Honorable Court may deem fit to make in the circumstances. The grounds upon which the application is brought are as follows: That this Honorable Court Coram Hon. RITA N PEMU (JCA), O.A, ADEFOPE OKOJIE (JCA), SAMUEL ADEMOLA BOLA (JCA) (Delivered lead Judgment) delivered judgment on the 20th day of January 2023, in favor of the Appellant in APPEAL NO: CA/OW/493/2023 between DR. UZOMA IHEANYI UGOCHUKWU VS PEOPLES DEMOCRATIC PARTY & 3ors.
"That this Court granted the reliefs sought by the Appellant/Respondent for the 1st Respondent to conduct a fresh Primary for the Aboh-Mbasie/Ngor-Okpala Federal Constituency election amongst others.
"That by virtue of the Provisions of Section 233 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), the Respondent/Applicant has constitutional right to appeal against the judgment of this court to the Supreme Court.
"That the Respondent/Applicant has consequently filed an Appeal against the said judgment of this Court vide a notice of Appeal dated the 23rd of January 2023.
"That the Notice of Appeal contains substantial and arguable."
“Consequently by this order, the 1st and 2nd Respondents are hereby restrained from enforcing in any way whatsoever the judgment of this Court delivered on 20th of January, 2023 by way of conducting a fresh primary election for the Aboh- Mbaise/Ngor-Okpala Federal Constituency," the court declared.
This development comes barely two weeks before the election of federal lawmakers scheduled for February 25.