COURTROOM NEWS 19/05/2022
Adamawa Guber: Court Orders Service Of Suit Against Primary On PDP, INEC
Justice Obiora Egwuatu of the Federal High Court, Abuja, yesterday ordered the service of a court process against the governorship primary of the People’s Democratic Party (PDP) in Adamawa State on the PDP and the Independent National Electoral Commission (INEC).
The suit was filed by a governorship aspirant of the PDP, Mr. Abubakar Waziri challenging his planned disqualification from the May 23 primary.
He had filed an ex parte application asking the court to restrain the PDP and INEC from conducting the governorship primary without him.
However, delivering ruling in the motion, Justice Egwuatu held that it was in the interest of justice for all the parties to appear and respond to the issues in the matter.
“The reliefs are too weight to be granted without putting them on notice,” the judge said.
He subsequently adjourned till May 26.
Earlier, counsel to Waziri, Louis Alozie (SAN) informed the court that the purported disqualification of Waziri was done in breach of the Electoral Act and the party guidelines after both the Yola South Local Government Area and the Steering Committee cleared him for having fulfilled all the requirements to participate in the primary election billed for May 23.
Waziri had sought the following reliefs: “A declaration that the plaintiff is duly qualified to contest the gubernatorial primary election of the 1st defendant in Adamawa State for the selection/election of the 1st defendant’s candidate for the governorship election in Adamawa State.
“A declaration that the 1st defendant cannot arbitrarily and capriciously disqualify the plaintiff from contesting the Gubernatorial Primary Election in Adamawa State on grounds other than those stipulated in the constitution and to disallow the plaintiff to participate in the processes leading to the election including failure to issue nomination forms (Forms EC9 and EC9B) is illegal and unconstitutional.”
He further asked the court to declare that the PDP cannot issue the plaintiff with a certificate of disqualification after the 1st defendant’s appeal panel had adjudged and declared the plaintiff qualified, eligible and cleared him to so contest.
While he asked the court to restrain the PDP from excluding or disallowing him from contesting the gubernatorial primary election in Adamawa State slated for May 23, he urged the court to restrain INEC from accepting the result of any primary election of the PDP in which the plaintiff was not allowed to contest.