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Abiola‘s Wife Sues PDP For Naming President Jonathan As The Party Flag Bearer For 2015
Professor Akasoba Duke-Abiola , one of the wives of late politician, Chief M.K.O. Abiola, has dragged the People Democratic Party, PDP, before a Federal High Court, sitting in Abuja, seeking the disqualification of President Goodluck Jonathan as the party flag bearer in the 2015 presidential election.
Joined as defendant in the originating summons brought 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.
In her motion, Duke-Abiola was praying the court for a declaration that by virtue of Section 50(1) of the 1st Defendant’s (PDP) Constitution, Section 87(1) & (9)) of the Electoral Act, 2010, the PDP is under an obligation to comply with all the rules made under the “Electoral Guidelines for Primary Elections 2014 of the PDP”.
Beside, she is seeking for an order declaring that by virtue of Article 3 (1) (a) and (b), “Electoral Guidelines for Primary Elections, 2014 of the PDP”, that she is entitled to obtain the ‘Expression of Interest Form’ in relation to presidential primaries of the PDP, having paid the mandatory sum of Two Million Naira to the party.
She also prayed the court to declare that the failure or refusal of PDP to make available to her the Expression of Interest Form code no PD 002/P, despite repeated demands and upon payment of the mandatory Two Million Naira is a breach of Article 3(1) (a) and (b) of the “Electoral Guidelines for Primary Elections 2014 of the PDP”.
Abiola also asked for an order declaring that in view of Section 87 (1), (7) and (9) of the Electoral Act, 2010, the PDP cannot lawfully hold a valid primaries to nominate a Presidential candidate for the purpose of 2015 General elections, and that, having failed to comply with the “Electoral Guidelines for Primary Elections 2014 of the PDP”, in view of the provision of section 87(9) of the Electoral Act, 2010, the party cannot validly field any candidate for the Presidential Election in 2015.
The plaintiff equally urged the court declare that INEC cannot accept any candidate fielded by the party for purposes of the Presidential Election in 2015, by reason of the provisions of Section 87 (9) of the Electoral Act, 2010.
To this end, she asked for a perpetual injunction restraining the electoral body from accepting any candidate fielded by the PDP for purposes of the 2015 Presidential Elections.
In her motion the plaintiff want the court to determine whether by virtue of section 50(1) of the 1st Defendant’s (PDP) Constitution, and Section 87(1) & (9) of the Electoral Act 2010, the 1st Defendant is not under an obligation to comply with ALL the rules made under the “Electoral Guidelines for Primary Elections 2014 of the PDP”.
She wants the court to determine whether the failure or refusal of the PDP to make available to her the Expression of Interest Form code no PD 002/P, despite repeated demands and upon payment of the mandatory Two Million Naira is not a breach of Article 3(1)(a) and (b) of the “Electoral Guidelines for Primary Elections 2014 of the PDP”.
In the affidavit in support of her motion, Abiola had claimed that she paid the mandatory fees required to obtain the expression form for presidential election, which she claimed she was entitled to, but was denied by the party, even as she argued that nobody ever came before her on the ground that the PDP printed only one form meant for President Goodluck Jonathan as its sole candidate.
No date has been fixed for the case.
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