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 she had paid N2m for it.
In her suit marked FHC/ABJ/CS/836/14, she maintained on Wednesday that
the party had shunned her repeated demand for the expression of interest form
after paying the N2m fee into its 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 the 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 the 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 (the 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 (INEC)
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.