…As Court Orders PDP/INEC To Be Put On Notice

Plans by the Akwa-Ibom State’s chapter Peoples Democratic Party (PDP) to substitute the statutory delegates list duly submitted to the Independent National Electoral Commission(INEC) by the party’s National Working Committee(NEC) May have suffered a set back as a Federal High Court sitting in Abuja has ordered service of court processes on the party and INEC.

The court presided over by Justice Emeka Nwite had after listening to Counsel Essien Moses Edet, Okon Mfonnobong Charles, Akpanusoh Usoro Samuel and Atakiko Emem Asuquo, Omoloye Abdullah asked that the PDP cited as 1st defendant and INEC 2nd defendant be put on notice of the pendency of the suit and adjourned further hearing on the matter to May 30th,2022.

With this position the Akwa-Ibom state primaries for the purpose of electing party executive committees at all levels for the forthcoming state PDP primaries including the Governorship primary election slated for Monday the 23rd day May,2022 may not hold.

The plaintiffs had gone to the court asking it determine the following questions;

Whether the outcome of the undisputed result of the PDP party’s congress and or convention duly conducted in compliance with and/or on the strength of the combined provisions of Section 223(1)(a) and (b) paragraph 15(b) and (c) of the Constitution of the Federal Republic of Nigeria (as amended) Section 85(3) of the defunct Electoral Act 2010(as amended) now impair material with Section 82(3) of the Electoral Act 2022, Sections 2,15(2)(d) & (e), 18(2)(a)(c) and 25)2)(b) of the Constitution of the PFP (as amended in 2017) and Articles 1.2(b), 2.6(ii), 3.6(b), 4.0, 5.5(iv), 9.0(I) and Article 10.0(a,b,c) of the PDP guidelines for the conduct of Ward, LGA, State, Zonal Congresses and the National Convention for the purpose of electing Party Executive Committees at all Levels for Akwa-Ibom State Chapter in 2020 which was duly submitted to INEC by the NWC of the PDP in the year 2020 can be jettisoned, voided and or abandoned in the conduct of the PDP primaries for all elective positions of Akwa-Ibom State without any reason.

The plaintiffs further averred that if the answer to the above question is in the negative; whether the PDP is not bound to use the certified true copy of the undisputed list of Statutory Delegates duly submitted to INEC by the party’s NWC for Akwa-Ibom Chapter in 2020 after the congresses and convention which was duly conducted in compliance with the provisions of Section 223(1)(a) and (b) paragraph 15(b) and (c) of the Constitution of the Federal Republic of Nigeria (as amended) Section 85(3) of the defunct Electoral Act 2010(as amended) now impair material with Section 82(3) of the Electoral Act 2022, Sections 2,15(2)(d) & (e), 18(2)(a)(c) and 25)2)(b) of the Constitution of the PDP (as amended in 2017) and Articles 1.2(b), 2.6(ii), 3.6(b), 4.0, 5.5(iv), 9.0(I) and Article 10.0(a,b,c) of the PDP guidelines for the conduct of Ward, LGA, State, Zonal Congresses and the National Convention for the purpose of electing Party Executive Committees at all Levels for Akwa-Ibom State PDP primaries including the Governorship primary election slated to hold on Monday the 23rd of May,2022.

Whether in view of the combined provisions of Section 153(f), paragraph 15(c) of Third Schedule of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and Section 82 of the Electoral Act, 2022, INEC is not statutorily empowered and duty bound to ensure that only the outcomes of democratically conducted party congresses and conventions to wit; the certified true copy of the undisputed list of statutory delegates duly submitted to it by the PDP for Akwa-Ibom State chapter in the year 2020 after the conduct of congresses and convention which were duly held in compliance with and/or on the strength of the combined provisions, Sections 2,15(2)(d)&(e),18(2)(a)(c) and 25(2)(b) of the Constitution of the PDP (as amended in 2017) and Articles 1.2(b)2.6(ii)3.6(b)4.0,5.5(iv)9.0(1) and Article 10.0(a,b and c) of the PDP guidelines for the conduct of Ward, LGA, State, Zonal Congresses and the National Convention for the purpose of electing party executive committees at all levels are used for the forthcoming Akwa-Ibom State primaries slated to hold on the 18th, 20th, 21st and 23rd days of May,2022 respectively.

The plaintiffs stated that if the questions are resolved in the favor then they asking the court for the following reliefs against the defendants;

A declaration that the outcome and or the undisputed result of the PDP congresses and or convention conducted in compliance with and/or on the strength of the combined provisions Sections 223(1)(a), 228(a) and (b), paragraph 15(b) and (c) of the constitution of the Federal Republic of Nigeria, 1999(as amended), section 85(3) of the defunct Electoral Act, 2010(as amended) now impari material with Section 82(3) of Electoral Act 2022, Sections 2,15(2)(d)&(e), 18(2)(a)(c) and 25(2)(b) of the Constitution of the PDP (as amended in 2017) Articles 1.2(b),2.6(II),3.6(b), 4.0,5.5(iv), 9.0(I) and Article 10.0(a,b,and c) of the PDP guidelines for the conduct of Ward,LGA,State, Zonal Congresses and the National Convention for the purpose of electing party executive committee at all levels for Akwa-Ibom State Chapter in 2020 and which after the congresses and convention duly submitted to INEC by the NWC of the cannot be jettisoned, avoided and or abandoned in the conduct of the PDP primaries slated to hold on the 18th,20th,21st and 23rd of May,2022 respectively.