Monday, 27 September, 2021

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Anambra poll: YPP urges court to nullify PDP, APC primaries


The Young Progressives Party (YPP) has faulted the governorship primaries of the Peoples Democratic Party (PDP) and All Progressives Congress (APC) ahead of the forthcoming gubernatorial poll in Anambra State.

The YPP also prayed a Federal High Court in Awka to interpret Section 285 (14)(c) of the 1999 Constitution and Section 87(1) of the Electoral Act, 2010.

It further urged the Court to interpret regulations and guidelines for the conduct of primaries as provided by the Independent National Electoral Commission (INEC) for the conduct of the 2021 Anambra State Gubernatorial Election in view of the primary elections.

In suit No. FHC/AWK/C5/53/21 filed on its behalf by D.C DeNwigwe, SAN, the party asked the Court to determine the validity or otherwise of the purported Primary which the PDP conducted on 26th June, 2021.

According to the party, in view of Rule 4.5.1 and 4.5.2 of the guidelines for the Conduct of Political Parties Primaries 2018, the court should determine if the PDP’s purported primary is valid following the party’s failure to submit its delegates list seven days before the date of the primaries.

The party further noted the judgement of the FCT High Court in Suit No. FCT/HC/BW/CV/160/2021 between Akaeze Ugochukwu Vincent and PDP, and the decision of the Supreme Court in APC V. Marafa (2020) 6 NWLR (Pt. 1721) and asked the Court to determine if INEC is right not to have barred the PDP from holding the purported Primary on 26th June 2021 that produced Valentine Ozigbo as the party’s flag bearer and from further participation in the process of nomination of candidates for the aforementioned election.

The YPP also asked the Court to determine whether INEC in view of the commission’s Monitoring Committee Report on the aforementioned PDP primary and the decision in APC V. Marafa (2020) 6 NWLR (Pt. 1721), can chose when to enforce provisions of the Electoral Act, Rule 4.5.1 and 4.5.2 of the guidelines for the Conduct of Political Parties Primaries 2018, which require parties to submit their delegate lists to the commission seven days before their primaries.

The party further asked the Court to determine whether INEC, being a public regulatory body for political parties, is right not to have declared the purported primary conducted on 26th of June, 2021 by the PDP as a nullity for being in violation of the judgment of the FCT High Court in Suit No. FCT/HC/BW/CV/160/2021 between Akaeze Ugochukwu Vincent and PDP.

The YPP also prayed the Federal High Court, Awka to determine whether the purported Primary conducted by the APC on 26th June 2021 which produced Senator Andy Uba as the party’s flag bearer is void or otherwise.

In suit No. FHC/AWK/C5/52/21, the party through D.C DeNwigwe SAN, asked the Court to determine the validity of the aforementioned primary in view of Section 285 (14)(c) of the Constitution of the Federal Republic of Nigeria (as amended), Section 87(1) of the Electoral Act, 2010 (as amended) and guidelines for the conduct of party primaries as provided by INEC and the Commission’s Monitoring Committee Report on the purported Primary conducted by the APC.

Also in the suit, the YPP in view of the Supreme Court decision in APC V. Marafa (2020) 6 NWLR (Pt. 1721), Section 285 (14)(c) of the 1999 Constitution of the Federal Republic of Nigeria, Section 87 (1) of the Electoral Act 2010 (as amended), regulations and guidelines for the conduct of Party Primaries, and the Report of INEC Monitoring Committee on the aforementioned Primary, asked the Court to determine if INEC is right not to have barred the APC from further participation in the process for nomination of candidates for the November 6th Anambra State Gubernatorial Election following the failure of the party to conduct Primary Election for the election of Candidate between 10th of June 2021-July 1, 2021 time frame given by the Commission for Conduct of Primaries.

The YPP also asked the Court to determine if INEC can choose when to enforce the provisions of the Electoral Act and its timetable requiring parties to hold Primaries in respect of Anambra 2021 Gubernatorial Election between 10th of June 2021-July 1, 2021 time frame given by the Commission for Conduct of Primaries.

The YPP further enjoined the Court to determine whether INEC being a public regulatory body is right not to have declared the purported Primary of the APC conducted on 26th June 2021, as void for being in breach of Section 87(1) and Rule 7.1 of the guidelines for the conduct of Party Primaries 2018 as per the report of the Commission’s Monitoring Committee on the purported Primary.

Credit: The Nation

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