Delta South: Reyenieju’s Application Against Ejele’s PDP Candidacy Hits Brick Wall As Court Dismisses Joinder Motion

• Strike out Ithihiwa’s withdrawal notice

An attempt by a former House of Representatives member, Hon. Daniel Reyenieju to join a suit challenging the election of Hon. Michael Diden, popularly known as Ejele as candidate of the People’s Democratic Party (PDP) for Delta South Senatorial District, has hit the brick wall.

www bigpenngr.com reports that the development is coming as a Federal High Court sitting in Warri, Delta state, dismissed a motion for joinder filled by Robinson Ariyo Eqs., counsel to Reyenieju who was one of the aspirants in the May 22, PDP primary.

This came as the court, also struck out a notice of discontinuance of the lawsuit brought by Chief Oghogho Ayodele Ithihiwa, also an aspirant in the PDP primary election challenging Ejele’s candidacy.

Addressing the court at the resumed hearing of the case which was slated for ruling last week Tuesday, counsel to the plaintiff, Babs Akinwumi Eqs., who brought the suit on behest of Chief Ithihiwa, informed the court that a motion for withdrawal of the substantive suit challenging the 1^st defendant, Ejele’s declaration by 3^rd defendant, the Independent National Electoral Commission (INEC) as winner of primary election conducted by the 2^nd defendant, the Peoples Democratic Party (PDP) was before the court for ruling.

Counsel to the 1^st defendant represented by Uyoyou Egware, Eqs., and Richard Omare Eqs., said that they were not opposed to the withdrawal notice but counsel to Hon.Reyenieju, Ariyo Eqs, who was not party to the suit, informed the court that a motion for joinder have been filed and both parties to the suit served.

Besides the motion for joinder, Ariyo had in an application and affidavit before the court, alleged discrepancies in the West Africa Examination Council certificate and date of birth of the PDP candidate, Michael Diden, urging the court to disqualify him and declare Reyenieju as winner of primary election having emerged second position during the party’s primary.

He argued that it would amount to breach of fair hearing for judgment to be delivered on the substantive suit when the joinder motion and application is undecided, urging the court to strick out the discontinuance suit for abuse of court processes.

According to him, “Our application for opposition to withdrawal is not premised to oppose the rights of the Plaintiff but our grouse is the manner in which the Plaintiff went about the notice of withdrawal which tends to abuse the court processes.

Ruling on the motions, the presiding judge, Justice Okon Abang, said that the notice of discontinuance dated 31^st August, 2022, is incompetent and accordingly struck out. He said that the plaintiff suit subsists.

As regard the later day motion dated 23^rd day of September filed by Chief Ariyo, applicant counsel seeking to join in the suit, the Judge ruled that the application is also incompetent and hereby struck out.

“Hon.Reyenieju is not yet a party to the suit. It is only a party to a suit that can file an application. He can only file an application seeking to join. He has no locus to file the application dated 23^rd day of September because he is not yet joined in the suit, the judge ruled.

He ruled that the applicant must be joined as a party to the suit before the substantive suit is consider, saying “the applicant cannot jump the gun”.

He said that the application by Chief Ariyo were laced with serious fundamental irregularities and was strange, saying that there can never be a joint pre-election action.

Justice Abang said that the Electoral Act 2022 and the 1999 Constitution doesn’t envisage more than one plaintiff seeking redress in a pre-election matter, saying that the relevant provision doesn’t permit a joint action.

“The applicant (Reyenieju) cannot seek to use judiciary process through the backdoor to gain a relief which he ought to have legitimately claimed within 14 days from the date the primary election was declared. He cannot bring application for joinder, claiming a relief which is barred by statute. Therefore, the application lacks merit, is a sheer judicial waste of time and accordingly dismissed with cost of N100, 000 each awarded in favour of the 1^st and 2^nd defendant paid by the applicant (Reyenieju).“

Recall that Ejele, the former chairman of the Delta Oil Producing Area Development Commission (DESOPADEC) polled 176 votes out of 272 eligible delegates accredited to participate in the party’s primary, while a former House of Representatives member, Hon. Daniel Reyenieju, a finance expert, Chief Oghogho Ayodele Ithihiwa and one-time Speaker of the state assembly, Rt. Hon. Kent Omatsone with a far distance behind with 49, 46 and 2 votes respectively