Lokpobiri drags INEC to court over Bayelsa APC primaries – TheNigerialawyer

Former Minister of State for Agriculture, Senator Heineken
Lokpobiri, has dragged the Independent National Electoral
Commission, INEC, to court over the outcome of governorship primary
election the All Progressives Congress, APC, conducted in Bayelsa
State.

Lokpobiri who participated in the APC governorship primary
election that held on September 4, is seeking for a court order to
restrain INEC from accepting or recognising any nomination from the
party, pending the determination of the Originating Summons he
filed before the Yenegoa Division of the Federal High Court.

The Bayelsa State governorship election is billed for November
16.

However, in his suit, Senator Lokpobiri applied for an order of
perpetual injunction to restrain INEC from publishing the name of
any other candidate that is forwarded to it by his party, aside
from his own.

He told the court that though he secured the highest number of
votes at the end of an indirect primary election the party held in
the state, his name was however excluded in the list of candidates
that were sent to INEC.

Specifically, the plaintiff is praying the court for
“Declaration that the 1st Defendant (APC) lacks the power and the
vires to nominate, sponsor or forward to the 3rd Defendant, the
name of any candidate for election on the platform of the 1st
Defendant to the office of

governor of Bayelsa State at the Bayelsa State governorship
election slated for November 16, 2019, or any other date, other
than as mandatorily provided by the relevant provisions of the
Constitution of the Federal Republic of Nigeria, 1999 (as amended);
the Electoral Act, 2010 (as ); as well as the Constitution and
Guidelines of the 1st Defendant.

“A declaration that the 1st Defendant does not possess the
vires, power or authority to forward to the 3rd Defendant any other
name (particularly, that of the 2nd Defendant) than the name of the
Plaintiff who secured the highest number of votes in the primary
election organized by the 1st Defendant and supervised by the 3rd
Defendant on 4th September, 2019 to contest on the platform of the
1st Defendant for the office of Governor in the Bayelsa State
governorship election slated for November 16, 2019 or any other
date.

“A declaration that the Plaintiff, having scored the highest
number of votes at the primary election conducted by the 1st
Defendant and monitored by the 3rd Defendant on 4th September, 2019
to nominate a candidate to represent the 1st Defendant for the
office of Governor in the Bayelsa State governorship election
slated for November 16, 2019, or any other date remains the
candidate of the 1st Defendant for the Bayelsa State Governorship
election slated for November 16, 2019, or any other date.

“A declaration that the submission by the 1st Defendant to the
3rd Defendant of the name of the 2nd Defendant, to contest the
election on the platform of the 1st Defendant to the office of
Governor in the Bayelsa State governorship election slated for
November 16, 2019, or any other date is unconstitutional, illegal,
ultra vires, oppressive, undemocratic, arbitrary,null and void and
of no effect.

“A declaration that the election of the Plaintiff as the
candidate who scored the highest number of votes at the primary
election held by the 1stDefendant and monitored by the 3rd
Defendant on 4th September, 2019 to nominate a candidate that would
represent the 1st Defendant for the office of Governor in the
Bayelsa State governorship election slated for November 16, 2019 or
any other date subsists.

“An order setting aside the nomination and/or submission by the
1st Defendant to the 3rd Defendant of the name of the 2nd Defendant
as the candidate to represent the 1st Defendant in the Bayelsa
State Governorship Election slated for November 16, 2019, or any
other date.

“An order of perpetual injunction restraining the 1st Defendant
either by

itself, National Chairman, officers, agents, privies or through
any person or persons howsoever, from treating, presenting or
holding out to the 3rd Defendant in particular or to any person at
all, the 2nd Defendant as the candidate representing the 1st
Defendant at the Bayelsa State governorship election slated for
November 16, 2019 or any other date.

“An order of perpetual injunction restraining the 3rd Defendant,
whether by itself, officers, agents, privies, or through any person
or persons howsoever, from treating or further treating, accepting
or further accepting, publishing or further publishing the name of
2nd Defendant as the candidate representing the 1st Defendant in
the Bayelsa State governorship election slated for November 16,
2019 or any other date.

“An order of perpetual injunction restraining the 3rd Defendant,
whether by itself, National Chairman, officers, agents, privies or
through any person

or persons howsoever from excluding or further excluding,
withholding or further withholding the name of the Plaintiff as the
candidate representing the 1st Defendant at the Bayelsa State
Governorship election slated for November 16, 2019, or any other
date.

“An order of perpetual injunction restraining the 2nd Defendant,
whether

by himself or through his officers, agents, privies or any
person or persons howsoever, from parading or further parading,
presenting or further presenting, holding himself out or further
holding himself out, as the candidate representing the 1st
Defendant in the Bayelsa State Governorship election slated for
November 16, 2019.

“An order of perpetual injunction restraining the 3rd Defendant
from accepting, recognizing, dealing with/or putting on the ballot
paper the name of the 2nd Defendant or any person other than the
plaintiff as the 1st

Defendant’s candidate at the Bayelsa State governorship election
slated for November 16, 2019, or any other date.

“An order of this Honourable Court directing or compelling the
3rd Defendant to accept the Plaintiff forthwith as the Governorship
candidate of the 1st Defendant for the Governorship election in
Bayelsa State slated for November 16, 2019, or any other date.

As well as, “An order of injunction compelling the 3rd Defendant
henceforth to treat the plaintiff as the candidate of the 1st
Defendant in the election to elect the governor of Bayelsa State
slated for November 16, 2019 or any other date and the 3rd
Defendant to accord the said plaintiff the rights, privileges and
perquisites of a candidate for the 1st Defendant in the
governorship election including to campaign in the election as such
candidate of the party”.

Cited as 1st to 3rd defendants in the suit are the APC, INEC,
and the nominated candidate of the party, Mr Lyon Pereworinimi.
Meanwhile, no date has been fixed for hearing.

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