A Federal High Court in Abuja has been asked to stop the Peoples Democratic Party (PDP) from nominating any aspirant, including President Goodluck Jonathan, as its presidential candidate at its planned primaries.

A presidential aspirant of the party, Prof. Akasoba Duke-Abiola, in the suit marked: FHC/ABJ/CS/836/14, is contending that the PDP cannot validly hold the primaries, having 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 paid N2 million for it.

Duke-Abiola, a widow of the acclaimed winner of the June 12, 1993 presidential election, Chief M.K.O Abiola, is also praying the court for an order of perpetual injunction restraining PDP from fielding any candidate for the purpose of the 2015 presidential election.

Joined along side PDP as defendant in the suit filed on Tuesday, through her lawyer, Mr. Festus Keyamo, pursuant to Order 3 Rules 6 and 7 of the Federal High Court (Civil Procedure) Rules 2009, and Section 87(10) of the Electoral Act, 2010 is the Independent National Electoral Commission (INEC).

Duke-Abiola stated that PDP had continued to shun her demand for the Expression of Interest Form after paying the N2 million fee into the party’s account to that effect.

It would be recalled that the PDP adopted President Goodluck Jonathan as its consensus presidential candidate ahead of the 2015 poll.

While praying 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 presidential aspirant also urged the court to declare that failure of the party 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.

Furthermore, the plaintiff is seeking court declaration 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.

“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 election.

“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,” she stated.
Meanwhile, the matter is yet to been assigned to any judge and the defendants are also yet to file their responses.

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