Akwa Ibom PDP Lawmaker Asks Court to Nullify Assembly Primary Election Over Malpractices

The lawmaker representing the Uyo State Constituency in the Akwa Ibom State House of Assembly, Hon. Monday Eyo Okon, has asked a Federal High Court sitting in Uyo to declare as illegal, null and void and set-aside the indirect primary election or special congress organized by the Peoples Democratic Party (PDP) for Uyo State Constituency on the 4^th of October, 2018 over what he termed catalogue of illegalities that marred the primary election.

Joined as Defendants in the suit marked Suit No. FHC/UY/CS/173/2018 which was filed at the court on Monday 22^nd October, 2018 through his counsel and Lagos-based human rights activist, Mr. Inibehe Effiong, are the Peoples Democratic Party (PDP), Anietie Bassey Eka and the Independent National Electoral Commission (INEC).

In his Originating Summons, the Plaintiff is asking the court to determine ‘’Whether the 1^st Defendant can validly select and nominate the 2^nd Defendant to the 3^rd Defendant as the candidate of the Peoples Democratic Party (PDP) for Uyo State Constituency for the Akwa Ibom State House of Assembly for the 2019 general elections without organizing a proper, transparent and democratic Indirect Primary Election or Special Congress for its aspirants in the manner and in line with the requirements prescribed in Section 87 (4) (C) and (7) of the Electoral Act, 2010 (as amended) and Part III paragraphs 4, 7, 8, 9 and 10 of the 2018 Electoral Guidelines for Primary Elections for the PDP.’’

The Plaintiff also asked the court to determine ‘’Whether the declaration of the 2^nd Defendant by the 1^st Defendant as the candidate of the Peoples Democratic Party (PDP) for Uyo State Constituency for the Akwa Ibom State House of Assembly for the 2019 general elections is not illegal, invalid, null and void given that there was no accreditation of delegates, no announcement of number of delegates accredited, no announcement of the names of the aspirants to the hearing of all present and no voting by the delegates at the PDP Indirect Primary Election for Uyo State Constituency slated for the 4^th of October, 2018 at the venue specified for accreditation and voting in view of the provisions of Section 87 (4) (C) (i)(ii) of the Electoral Act, 2010 (as amended) and Paragraphs 4, 7, 8, 9 and 10 of Part III of the 2018 Electoral Guidelines for Primary Elections for the PDP.’’

In his 25 paragraphs affidavit, Mr. Monday Eyo Okon narrated how the PDP failed to organize a proper primary election. He stated that he waited at the Ibom Hall Ground in Uyo which was scheduled for accreditation of delegates from 7.00am to 7.30pm but the Returning Officer for the Uyo State Constituency, Mr. Godson Uwah, failed to show up for the accreditation.

The Plaintiff also stated that when he called the Returning Officer on the phone to complain about the situation, he claimed that the State Party Chairman, Mr. Paul Ekpo, did not give him any material for the election and asked him to call Mr. Ekpo instead.

That while he was still waiting with the delegates for accreditation, he heard in the news at about 7.00pm that his opponent, Anietie Bassey Eka, had ‘’won’’ the election.

Upon the determination of the above questions, the Plaintiff is asking the court to make the following declarations and orders:

1. A DECLARATION that the 1^st Defendant is bound to adhere to and comply with the provisions of Section 87 (4) (C) and (7) of the Electoral Act, 2010 (as amended) and Part III paragraphs 4, 7, 8, 9 and 10 of the 2018 Electoral Guidelines for Primary Elections for the PDP in the conduct of its Indirect Primary Election for nomination of the PDP candidate for Uyo State Constituency for the Akwa Ibom State House of Assembly for the 2019 general elections.

2. A DECLARATION that the Plaintiff as an Aspirant in the PDP House of Assembly Indirect primary election slated for the 4^th of October, 2018 for the Uyo State Constituency of Akwa Ibom State House of Assembly for the 2019 general elections is entitled by Section 87 (9) of the Electoral Act, 2010 (as amended) and Part III paragraphs 4, 7, 8, 9 and 10 of the Electoral Guidelines for Primary Elections for the PDP to apply to this Honourable Court for redress over his grievances with the process of selection and nomination of the 2^nd Defendant as the 1^st Defendant’s candidate.

3. A DECLARATION that the 1^st Defendant did not hold or organize a valid and proper Special Congress or Indirect Primary Election to nominate its candidate for the Uyo State Constituency for the Akwa Ibom State House of Assembly for the 2019 general elections in line with the procedures and requirements prescribed in Section 87 (4) (C) and (7) of the Electoral Act, 2010 (as amended) and Part III paragraphs 4, 7, 8, 9 and 10 of the 2018 Electoral Guidelines for Primary Elections for the PDP.

4. A DECLARATION that the announcement or declaration of the 2^nd Defendant by the 1^st Defendant as the winner of the PDP Indirect Primary Election slated for the 4^th of October, 2018 for the Uyo State Constituency for Akwa Ibom State House of Assembly for the 2019 general elections does not comply with and is contrary to Section 87 (4) (C) and (7) of the Electoral Act, 2010 (as amended) and Part III paragraphs 4, 7, 8, 9 and 10 of the 2018 Electoral Guidelines for Primary Elections for the PDP and is therefore invalid, illegal, null, void and of no effect whatsoever.

5. AN ORDER nullifying and setting aside the announcement and declaration of the 2^nd Defendant by the 1^st Defendant as the winner of the PDP Indirect primary election slated for the 4^th of October, 2018 and as the candidate of the PDP for the Uyo State Constituency for Akwa Ibom State House of Assembly for the 2019 general elections.

6. AN ORDER restraining the 1^st Defendant from transmitting or submitting the name of the 2^nd Defendant to the 3^rd Defendant as the candidate of the Peoples Democratic Party for the Uyo State Constituency of the Akwa Ibom State House of Assembly for the 2019 general elections.

7. AN ORDER restraining the 2^nd Defendant from parading himself as the candidate of the 1^st Defendant for the Uyo State Constituency in the Akwa Ibom State House of Assembly for the 2019 general elections.

8. AN ORDER restraining the 3^rd Defendant from receiving or accepting the name of the 2^nd Defendant submitted by the 1^st Defendant either by itself, its National Executive Committee, National Chairman or other National or State Executive officer or Agent howsoever described or as the candidate of the Peoples Democratic Party for the Uyo State Constituency for Akwa Ibom State House of Assembly for the 2019 general elections.

9. AN ORDER restraining the 3^rd Defendant from recognizing, publishing, including or acting on the name of the 2^nd Defendant in any manner whatsoever as the candidate of the Peoples Democratic Party for the Uyo State Constituency for Akwa Ibom State House of Assembly for the 2019 general elections.

The Plaintiff’s lawyer Inibehe Effiong along with Augustine Asuquo Esq. have also filed a motion on notice for interlocutory injunction asking the court to bar INEC from receiving, publishing, recognizing or acting on the name of the 2^nd Defendant/Respondent, Anietie Bassey Eka, in any manner whatsoever pending the hearing and determination of the substantive suit by the court.

The case has been assigned to Court 1 presided over by Hon. Justice A. A. Okeke (Mrs.) and has been fixed for the 7^th of November, 2018 for hearing.