WIDOW of Chief MKO Abiola, a Peoples’ Democratic Party (PDP) presidential aspirant, Prof. Akasoba Duke-Abiola has sued the party at the Federal High Court, Abuja seeking to halt the candidacy of President Goodluck Jonathan.
Apart from the PDP, the claimant also joined the Independent National Electoral Commission (INEC) in the suit as respondent.
According to the suit listed as FHC/ABJ/CS/836/14, filed by her counsel, Festus Keyamo, the claimant prayed the court to determine whether by virtue of section 50(1) of the PDP Constitution, and Section 87(1) & (9) of the Electoral Act 2010, the PDP is not under an obligation to comply with all the rules made under the “Electoral Guidelines for Primary Elections 2014 of the PDP”.
She also wants to know whether by virtue of Article 3 (1) (a) and (b) of the “Electoral Guidelines for Primary Elections 2014 of the PDP”, the Plaintiff is not entitled to obtain the Expression of Interest Form in relation to Presidential Primaries of the PDP having paid the mandatory sum of N2m into the account of the PDP.
In addition, she also wants to know whether 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 N2m is not a breach of Article 3(1)(a) and (b) of the “Electoral Guidelines for Primary Elections 2014 of the PDP” among others.
Consequently, Professor Abiola is seeking a declaration that in view of Section 87 (1), (7) and (9) of the Electoral Act, 2010, the 1st Defendant cannot lawfully hold valid primaries to nominate a Presidential candidate for the purpose of 2015 General elections.
She also wants the court to declare 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 PDP cannot validly field any candidate for the Presidential Election in 2015; a declaration that the INEC cannot accept any candidate fielded by the PDP for purposes of the Presidential Election in 2015, by reason of the provisions of Section 87 (9) of the Electoral Act, 2010 as well as an order of Perpetual injunction restraining the INEC from accepting any candidate fielded by the PDP for purposes of the 2015 Presidential Elections.
Supported by a 33-paragraph affidavit, deposed to by the claimant, she stated that she is a member of the PDP with Registered Card 9464516.
He said: “That when the Independent National Electoral Commission INEC lifted the ban on politics ahead of 2015 General Elections, the National Executive Committee (NEC) and the Board of Trustees of the PDP met and adopted President Goodluck Ebele Jonathan as the sole Presidential Candidate of PDP.
“That the National Secretary of the PDP expressly told me that the sole Form available was meant for President Goodluck Jonathan only, who has been adopted by the National Working Committee and the Board of Trustees of the 1st Defendant as the sole/consensus candidate of the Party.
“That when I protested against the discriminatory nature of the policy and demanded the Expression of Interest Form I had paid for, he bluntly asked me to go back to the office of the National Chairman of the PDP and ask him to give me the Form.”
She swore that upon informing the National Chairman of the 1st Defendant of the development, he expressly told me that the 1st Defendant will not give me the Form as the only Form printed had been reserved only for President Goodluck Jonathan, and further advised that I should leave the premises of the 1st Defendant.
