In a recent verdict, Justice Inyang Edem Ekwo of the Federal High Court in Abuja has rejected a lawsuit filed by the All Progressives Congress (APC) seeking the removal of former Benue State governor, Samuel Ortom. The suit was based on Ortom’s defection to the Peoples Democratic Party (PDP).
During the judgment, the judge declared the lawsuit as invalid and incapable of yielding any benefits to the APC. Justice Ekwo also emphasized that the court lacked the authority to prolong the contested tenure to fulfill the APC’s demands.
It was highlighted by the judge that the period under scrutiny by the APC had already elapsed by the time Ortom’s term concluded, rendering the case moot.
The APC had filed a lawsuit against the Independent National Electoral Commission (INEC), PDP, and Ortom, urging the court to remove Ortom from office due to his switch to the PDP.
The party argued that it secured the majority of valid votes, totaling 422,932, in the 2019 governorship election in Benue State, surpassing the PDP, which garnered 313,878 votes. The APC requested the court to apply relevant sections of the Constitution and Electoral Act to nullify Ortom’s transfer of votes to the PDP, thereby alleging the PDP’s victory as illegitimate.
In his ruling on the case coded FHC/ABJ/CS/458/2022, Justice Ekwo concluded that the lawsuit had lost its validity after Ortom completed his term in office. Consequently, he dismissed the lawsuit for lacking substance and vitality to be upheld.