The Federal High Court Abuja has fixed Judgment on the case between Akwa-Ibom PDP Statutory Delegates vs INEC/Party for October 6th, 2022.
It would be recalled that on the 5th of June,2022, The delegates had approached The Federal High Court in Abuja asking the Court to Declare Guber,NASS, State Assembly Primaries Void.
The plaintiffs Jeremiah Otu Inyang, Moses Akpanusoh and Umoh Monday Peter who are suing for themselves and other statutory delegates had through their Counsel, Chief Gordy Uche, SAN asked the court to further declare that by the combined provisions of Sections 83(3),84(8) of the Electoral Act, Articles 25;Part 10,Article 6 of the Constitution of the PDP cited as 2nd defendant in the suit, the party cannot lawfully conduct state Congress and primary elections monitored by INEC the 1st defendant without the requisite quorum of democratically elected statutory and ad-how delegates.
They also asked the court for a declaration that by a proper interpretation of the provisions of Section 84(8) of the Electoral Act 2022, Statutory Delegates of the PDP who are democratically elected officials of the 2nd defendant whose functions include beinegates to the State Congress are not excluded from voting in any primary of the party.
The plaintiffs further sought for a declaration that the primary elections of the PDP for the House of Representatives and State Assembly held on Sunday May 22,2022 and Governorship held on Wednesday May 23,2022 in Akwa-Ibom State having been in breach of the Electoral Act 2022 and the Constitution of the 2nd defendant by the disenfranchisement of the Statutory delegates of the party are defective, wrongful, illegal null and void and of no legal effects whatsoever.
A declaration that the 2nd defendant having not complied with the provisions of the Electoral Act and the Constitution of the party in the conduct of the primary elections for the State House of Assembly and the House of Representatives held on May 22,2022 and Governorship held on Wednesday May 25,2022 the 2nd defendant’s candidates that emerged from the said primary elections shall not be included in the general election for the particular positions in issue.\
Also Read: Confirmation Of Umo Eno’s Certificates By WAEC : The Hypothesis Of The Opposition*
An order of the court restraining the 1st defendant (INEC) from accepting any list whatsoever of candidates purportedly nominated from the 2nd defendant’s primary elections for the State House of Assembly and the House of Representatives held on Sunday May 22,2022, Senate held on Monday May 23,2022 and Governorship held on Wednesday May 25,2022.
They asked the court to determine the following questions;
#Whether by a proper construction and interpretation of the provisions of Section 84(8) of the Electoral Act 2022, the plaintiffs and others herein referred to as statutory delegates of the 2nd defendant are excluded from voting in the primary election of the party.
#Whether having regard to the combined provisions of Section 84(8) of Electoral Act 2022, Sections 25(2),(4)(5)(6)(7) of the Constitution of the PDP, the 2nd defendant can lawfully conduct indirect primaries elections during the state Congresses for the election of candidates of the 2nd defendant for the State House of Assembly, House of Representatives, held on Sunday May 22, 2022, Senate held on Monday May 23,2022 and Governorship held on Wednesday May 25,2022 in Akwa-Ibom State and monitored by INEC (1st defendant) without the requisite quorum of democratically elected party delegates.
And whether the primary elections of the 2nd defendant for the State House of Assembly and the House of Representatives held on Sunday May 22,2022, Senate held on Monday May 23,222 and Governorship held on Wednesday May 25,2022 in Akwa-Ibom having been conducted in breach of Section 84(8) of the Electoral Act 2022 and Sections 25(2)(4)(5)(6)(7) of the Constitution of the PDP are lawful.
The PDP represented by Paul Usoro SAN in their defense posited that the 2022 Electoral Act as amended had stopped the statutory delegates from participating in any indirect primaries of any party and this superseded the provisions of the PDP constitution.
Responding, counsel to the Plaintiff – Gordy Uche SAN referred the court to the judgement of the Federal High Court, Kano which clearly stated that the Electoral Act 2022 as amended did not in any way bar statutory delegates from participating and voting during their party’s congresses, conventions or meetings. This he submitted is the only subsisting judiciary authority on this matter
The case was adjourned till 6th October 2022 for Judgement.
