Dagogo fails to stop Rivers PDP primaries

Dagogo fails to stop Rivers PDP primaries

From Godwin Tsa, Abuja

The Abuja division of the Federal High Court has dismissed an ex parte application brought by a member of the House of Representatives and governorship aspirant, Dr Farah Dagogo, to stop the People’s Democratic Party (PDP) governorship primaries in Rivers State for lacking in merit.

Justice Taiwo Taiwo in his ruling on Wednesday held that the lawmaker failed to place before the court, sufficient material facts to warrant the grant of the interlocutory application.

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Besides, the court held that the failure of Dagogo to act timeously was fatal to his case, as equity does aides the diligent and not the indolent.

Justice Taiwo added that the applicant approached the court rather too late to seek redress in a matter that urgency was required.

The judge further held that granting the ex parte application would not be in the best interest of the defendants as the balance of convenience will not be favourable to them.

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“The applicant was aware of the timetable of the 2nd defendant (INEC) for the conduct of the primary. Why did he wait this time before coming to court?

“Besides, the applicant did not participate in the primary election which he wants to stop. This court will not do that. This application ought to be dismissed for lack of merit and same is dismissed, “Justice Taiwo ruled.

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Before the ruling, the court had summoned the Peoples Democratic Party (PDP) and the Independent National Electoral Commission (INEC) to appear before and explain why its governorship primaries should hold in Rivers State without the participation of Dr Farah Dagogo.

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Dagogo who is a member of the House of Representatives and a governorship aspirant on the platform of the party has filed a suit against the PDP and INEC over his alleged exclusion from the list of governorship aspirants in the state.

He is currently in the custody of the Port Harcourt Correctional Centre, on the orders of court following his arraignment on a two-count charge of conspiracy to felony and cultism at the Federal High Court Port Harcourt.

In a suit marked FHC/ABJ/CS/654/2022, the federal lawmaker is seeking an order of interlocutory injunction restraining PDP from using any list of aspirants without his name to conduct the May 26th primary election pending the hearing and determination of the substantive suit.
He is also seeking an order restraining INEC from accepting any candidate, who might emerge from the primary election conducted without his participation.

Justice Taiwo on Monday ordered the PDP and INEC to show cause on Tuesday, why Dagogo’s application seeking injunctive orders should not be granted.

Dagogo went to court to seek an order of the High Court to restrain INEC, (2nd Defendant) or any of its officers or agents from monitoring the conduct of the PDP (1st Defendant) primary election for the gubernatorial position for Rivers State scheduled for 26th May 2022.

He asked the Court not to allow INEC to send any of its representatives on the scheduled fixed without his name on the list of contestants for the forthcoming primary election pending the hearing and determination of the substantive action.

Dagogo is appealing to the court to compel INEC and PDP, to include his name as one of the aspirants in the forthcoming gubernatorial primary election.

The aspirant is seeking “an order of interlocutory injunction restraining the 2nd Defendant either by itself or any of its officers or agents from monitoring the conduct of 1st Defendant’s primary election for the gubernatorial position for Rivers State on 26th May 2022 or any other date fixed, without the name of the Plaintiff on the list of contestants for the said primary election pending the hearing and determination of the substantive action.”

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According to the affidavit in support of the motion for interlocutory injunction, he averred that he completed and submitted the said nomination form to the PDP, and accompanied them with all the relevant documents, including copies of his PDP membership card, voter’s card and sworn declarations made before a Commissioner of oaths at the High Court.

He stated that he satisfied and abided by the guidelines, all laws, rules or regulations made by PDP relating to the conduct of primary elections.

The lawmaker stated that his Primary Form was issued to him by the PDP as proof that he had met all the requirements required of him as an aspirant by the national headquarters of the party.

He said that he presented himself to the Screening Committee for gubernatorial aspirants in Rivers State, on the 28th and 29th of April, 2022, at the PDP Zonal Headquarters in Port Harcourt, Rivers State.

He disclosed that while he was waiting to receive his interim clearance papers, some individuals in mufti who claimed to be Rivers state Government House security agents led by the Camp Commandant, DSP Efeture Irikefe removed him from the sitting arrangement with the active connivance of the membership of the Screening Committee, who had ensured that he was the last person to be screened.

However, Dagogo narrated that he was whisked away to Operation Sting Police Unit/formation and later at State Criminal Investigation and Intelligence Department (State CIID) both in Port Harcourt.

According to him, the State CIID quickly made an attempt to arraign him on trumped-up charges at the Magistrate Court in Port Harcourt on April 29 which proved abortive.

“There was an attempt to arraign Plaintiff/Applicant on trumped-up charges at the Magistrate Court in Port Harcourt on 29th April 2022 which proved abortive.

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“Following the deterioration of the Plaintiff/Applicant’s health in custody the Plaintiff/Applicant is now receiving medical attention at the Rivers State University Teaching Hospital, Port Harcourt, Rivers State and he as remanded in hospital care since 4th May 2022, still under the detention of the security agents.

“From inquiry and investigation, Plaintiff/Applicant was being prevented from physically participating in the PDP Primary, and as a result, he caused his solicitors to write to the PDP Screening Committee in charge of the exercise on 29th April 2022 narrating his travails and requesting that he should be obliged with a virtual meeting or for the appeals committee to come to the State CIID, Port Harcourt where he was being detained at the time to meet him since he had earlier submitted all his necessary documents to the 1st Defendant.

“None of the complaints of the Plaintiff/Applicant were treated and the 1st Defendant’s agents at Port Harcourt has completely ignored the Plaintiff/Applicant which led Plaintiff/Applicant to write again, through his solicitor’s (in line with the PDP Guidelines) to write an appeal to the PDP Gubernatorial Screening Appeal Panel, Abuja in a letter dated 30th April 2022.

“Again, despite the appeal made to the said Appeal Panel, it did not treat the appeal and or deal with the grievances of the Plaintiff/Applicant or granted his request.

“By the constitution and guidelines of the 1st Defendant, an aspirant to the position of the gubernatorial office of a state must go through the screening process before he/she will be eligible to participate in the 1st Defendant’s primary election to elect the party’s gubernatorial flag bearer/candidate of the state, (Rivers State herein) for the general election.”

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