The Court of Appeal, Abuja, on Tuesday reserved judgment in an appeal case filed against the nomination of Governor Godswill Akpabio of Akwa Ibom State as the gubernatorial candidate of the Peoples Democratic Party in the 2011 election.
Justice J.T. Tur reserved the judgment indefinitely after counsel to parties adopted their written addresses.
Frank Okon, also a PDP aspirant for the position, is challenging the decision of Justice Abdul Kafarati to uphold the nomination of the governor.
The PDP, the Independent National Electoral Commission and the committee that conducted the primaries are the other respondents in the matter.
Adopting his address, Lasun Sanusi (SAN), counsel to Okon, argued that the PDP National Working Committee technically excluded the appellant from the primaries.
Sanusi explained that in the attempt to stop his client, the party breached the provisions of the party guidelines.
Sanusi further said that the provisions of the Electoral Act as well as the party’s constitution were violated in a view to keep Okon out of the contest.
He submitted that his client had the locus standi to challenge the process, adding: “It was both a sham and fraudulent.
“We pray the court to hold that the appellant has the right to seek redress in the court in view of the clear injustice done to him.
“In interpreting Section 87(9) of the Electoral Act, we do urge the court to rule in the appellant’s favour because it is the right thing to do.”
The above provision of the Electoral Act defines the status of who can enjoy the right to bring an action to challenge a misdemeanour of a political party resulting from an election.
According to Sanusi: “It is in our evidence that the name of the appellant is duly captured in the ballot paper, which shows that he participated in the election.”
At the Federal High Court, Kafarati, held that it did not consider the appellant as a candidate of the party in the re-run primary election held in the state on January 15, 2011.
The appellant had maintained that he was the candidate of the PDP in the election, having been screened and cleared to run in the election.
Okon is praying the court to declare him the duly elected governor of Akwa Ibom State since he was screened and cleared to take part in the poll.
He also argued that Akpabio’s name was signed and returned to INEC by the former National Chairman of PDP, Dr. Okwezeli Nwodo, on January 16, 2012.
Okon submitted that action was belated as the court had removed the first respondent (Akpabio) from office on January 12, 2012.
Meanwhile, Chief Paul Osoro (SAN), counsel to Akpabio, prayed the court to discountenance all the submissions made by the counsel to the appellant.
Usoro submitted: “What is left before the court is simply to interpret Section 87(9) of the Electoral Act in determining whether the appellant has locus or not.
“The second aspect is whether the court has the jurisdiction to determine the subject matter before it.
“It is our sincere prayer that the appeal be dismissed on grounds of incompetence.”
Chief Sola Oke, counsel to the PDP, aligned himself to Osoro’s argument and prayed the court to dismiss the appeal.
Trending
- Alleged defilement of girlfriend: 23-year-old student freed after two years
- We’re not aware of any BoT in Labour Party — NEC
- Anambra police station attacked, set ablaze
- National Convention: We gave INEC over 100 days notice – LP
- Naira falls against dollar by 0.7%
- Delta Killings: Traditional ruler declared wanted surrenders self
- 3rd Mainland Bridge: Minister gives date for full reopening
- Eve’s Desire: Challenges of a loveless marriage, by Tiwa Says