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 4th 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 22nd
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 1st Defendant can validly select and
nominate the 2nd Defendant to the 3rd 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 2nd Defendant by the 1st 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 4th 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 1st 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 4th 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 2nd Defendant as the 1st Defendant’s
candidate.

3. A DECLARATION that the 1st 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 2nd
Defendant by the 1st Defendant as the winner of the PDP Indirect
Primary Election slated for the 4th 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 2nd Defendant by the 1st Defendant as the winner
of the PDP Indirect primary election slated for the 4th 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 1st Defendant from transmitting or
submitting the name of the 2nd Defendant to the 3rd 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 2nd Defendant from parading himself
as the candidate of the 1st Defendant for the Uyo State
Constituency in the Akwa Ibom State House of Assembly for the 2019
general elections.

8. AN ORDER restraining the 3rd Defendant from receiving or
accepting the name of the 2nd Defendant submitted by the 1st
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 3rd Defendant from recognizing,
publishing, including or acting on the name of the 2nd 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 2nd 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 7th of
November, 2018 for hearing.