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…Asks Court To Declare Guber, NASS, State Assembly Primaries Void
As crisis constitutes to rock the Peoples Democratic Party (PDP) Akwa-Ibom State the elected statutory delegates of the party has asked a Federal High Court in Abuja to hold that the Governorship, National Assembly and State Assembly primaries held in the state in breach of the Electoral Act 2022 and the Constitution is defective, wrong, illegal and null and 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(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(😎 of the Electoral Act 2022, Statutory Delegates of the PDP who are democratically elected officials of the 2nd defendant whose functions include being delegates 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.
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(😎 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(😎 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(😎 of the Electoral Act 2022 and Sections 25(2)(4)(5)(6)(7) of the Constitution of the PDP are lawful.
