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A Peoples Democratic Party’s presidential aspirant,
Prof. Akasoba Duke-Abiola, has asked a Federal
High Court in Abuja to stop the party from
nominating any candidate as its presidential
candidate at its planned primaries.
Duke-Abiola’s contention is that the party cannot
validly hold the primaries, having allegedly flouted
the provisions of the party’s constitution and the
Electoral Act by refusing to provide her the party’s
Expression of Interest Form after paying N2m for it.
She maintained in her suit filed on Tuesday and
marked FHC/ABJ/CS/836/14, that the party had
shunned her repeated demand for the Expression of
Interest Form after paying the N2m fee into the
party’s account.
She filed the suit through her lawyer , Mr. Festus
Keyamo, urging the court to stop the PDP from
holding the presidential primary on the grounds of
the alleged violation of the relevant laws by the
party.
The PDP has since adopted President Goodluck
Jonathan as its consensus presidential candidate
ahead of the 2015 poll.
But Duke-Abiola, a widow of the acclaimed winner
of the June 12, 1993 presidential election, Chief M.K.O
Abiola, seeks an order of perpetual injunction
against the PDP restraining it from fielding any
candidate for the purpose of the 2015 presidential
election.
The PDP and the Independent National Electoral
Commission are the defendants in the suit.
The plaintiff wants the court to declare that failure
of the PDP to issue to her the Expression of Interest
Form for the office of the President is a violation to
Article 3 (1) (a) and (b) of the Electoral Guidelines for
Primary Elections, 2014 of the PDP.
She wants the court to declare that by virtue of
provisions of PDP constitution and Section 87(1) and
(9) of the Electoral Act 2010, the party is
under obligation to comply with ALL the rules made
under the Electoral Guidelines for Primary Elections
2014 of the PDP.
Part of her prayers read, ” A declaration that the
failure, refusal or neglect of the 1st Defendant (PDP)
to make available to the Plaintiff the Expression of
Interest Form code no PD 002/P, despite repeated
demands and upon payment of the mandatory
N2,000,000.00 is a breach of Article 3(1)(a) and (b) of
the ‘Electoral Guidelines for Primary Elections 2014 of
the PDP’.
“A declaration that in view of Section 87 (1), (7) and
(9) of the Electoral Act, 2010, the 1st defendant
cannot lawfully hold a valid primaries to nominate
a presidential candidate for the purpose of 2015
General elections.
“A declaration that, having failed to comply with
the ‘Electoral Guidelines for Primary Elections 2014 of
the PDP’, and in view of the provision of section 87(9)
of the Electoral Act, 2010, the 1st Defendant (PDP)
cannot validly field any candidate for the
Presidential Election in 2015.
” A declaration that the 2nd defendant cannot
accept any candidate fielded by the 1st defendant
for purposes of the Presidential Election in 2015, by
reason of the provisions of Section 87 (9) of the
Electoral Act, 2010.
“An order of perpetual injunction restraining the 2nd
Defendant from accepting any candidate fielded by
the 1st defendant for purposes of the 2015
presidential elections.”
The case has yet to be assigned to any judge and
the defendants had not filed their responses.
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