Prof. Akasoba Duke-Abiola, a Peoples Democratic Party’s presidential aspirant, has asked a Federal High Court sitting in Abuja to stop the party from nominating any candidate as its presidential candidate at its planned primaries.
According to her, the party cannot validly hold the primaries, having allegedly 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 paying N2m for it.
She maintained in her suit filed on Tuesday and marked FHC/ABJ/CS/836/14, that the party had shunned her repeated demand for the Expression of Interest Form after paying the N2m fee into the party’s account.
She filed the suit through her lawyer , Mr. Festus Keyamo, urging 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 PDP has since adopted President Goodluck Jonathan as its consensus presidential candidate ahead of the 2015 poll.
But Duke-Abiola, a widow of the acclaimed winner of the June 12, 1993 presidential election, Chief M.K.O Abiola, seeks an order of perpetual injunction against the PDP restraining it from fielding any candidate for the purpose of the 2015 presidential election.
The PDP and the Independent National Electoral Commission are the defendants in the suit.
The plaintiff wants the court to declare that failure of the PDP 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.
She wants the court to declare 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.
Part of her prayers read, ” 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 elections.
“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.”
The case has yet to be assigned to any judge and the defendants had not filed their responses.