Other respondents in the suit brought pursuant to Order 26 Rules 1 and 2 of the Federal High Court (Civil Procedure) Rules 2019, Order 7 Rule 1 of the Federal Republic of Nigeria (Pre-election) Practice Directions 2022, and under the inherent powers of the court, are Prince Nwafor, Gokana Geoffrey M, Dagogo A Green, Jonathan Excellent Joy-Success, Lawson Sarah Ibiso, DeinmaBridget Tamunobelema, Goteh Amegua, Hon Vincent C Solomon, Progress Ikechi Ayiteh, Gibson Ukuoma, Mr. Pamarieri Tobin, Obua Sampson Amobi, and Hon King Tony Gboms.

The Plaintiff (PDP) in the suit specifically prayed the court to declare that the 2nd, 3rd to 16th Defendants are not entitled to participate in the 2023 general elections in respect of the elective positions in the membership of the Senate, House of Representatives, and State House of Assembly for any of the constituencies in Rivers State or to nominate, sponsor, or field any of the defendants as candidates in the forthcoming 2023 general elections, "having failed to hold valid primaries for the nomination of their candidates, as required by law and the Guidelines of the Independent National Electoral Commission, INEC."

However, Falana is specifically praying to the court for an order striking out or dismissing the suit for non-payment of filing fees and on the ground that the court lacks jurisdiction.

The senior lawyer initiated the action marked FHC/PH/CS/132/2022 on the grounds "that the plaintiff did not pay any filing fees on the 7th of July, 2022 to file the purported Originating Summons in the matter."

That the plaintiff and some of the staff of the Federal High Court, Port Harcourt Judicial Division, fraudulently endorsed that the originating process in the matter was filed on the 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.

"That payment of filing fees is a precondition to or condition precedent to the court’s assumption of jurisdiction. Thus, payment of filing fees is a precondition to the validity of the originating summons.

"That the Originating Summons in this matter, which was purportedly filed on the 7th of July, 2022 without payment of filing fees on the 7th of July, 2022, is grossly incompetent and this court lacks the jurisdiction to entertain this suit."

The Defendant/Applicants in the suit claimed that the Plaintiff and some staff of the Federal High Court, Port Harcourt Division, fraudulently endorsed that the Originating Summons in the suit were filed on the 7th of July 2022, irrespective of the fact that no filing fee was paid for the filing of the Originating Summons.

The Defendant/Applicant argued that the plaintiffs fraudulently used the payment Remita Retrieval Reference (RRR) no 330679620750 to purportedly file the suit and deceitfully backdated the date of filing to the 7th of July 2022 and that the payment for the Remita actually was made on the 8th of July 2022, which is more than fourteen (14) days from the 26th of May, when the second defendant’s primary election was held.

It was further argued that the payment of the RRR was done outside the constitutionally prescribed fourteen days provided for in Section 285(9) of the 1999 Constitution as amended for paying and filing pre-election matters, adding that since no filing fees were paid on the 7th of July 2022, the plaintiff's suit, which was filed on the 7th of July 2022, is "incompetent and irredeemably dead."

In response to this, the Plaintiff Applicant is asking the court to rule that it does not have the power to hear and decide the Plaintiff's suit.

The matter has been adjourned until November 7, 2022, for mention.