A Chieftain of the All Progressive Grand Alliance (APGA), Okoye Nwabuogo, has asked the Federal High Court sitting in Abuja to disqualify the former Governor of Central Bank of Nigeria, CBN, Prof. Charles Soludo, as flagbearer of the party in the Anambra State governorship election billed for November 6.
The Plaintiff is in the originating summons marked FHC/ABJ/CS/596/2021, praying the court to set-aside the election and nomination of Prof. Soludo as candidate of the party.
She applied for an order restraining Soludo from parading himself as the validly or duly elected candidate of the party for the said election.
The litigant maintained that the party (APGA) failed to give statutory 21 days notice to the Independent National Electoral Commission, INEC, before it held the special ward congress where adhoc delegates voted to nominate Soludo as governorship candidate of the party.
While urging the court to invalidate and set aside the entire primary election of the party held on June 23, the Plaintiff, prayed for an order of injunction restraining INEC from accepting the name of or recognizing Prof. Soludo as the candidate of APGA for the Anambra State gubernatorial general election.
The Plaintiff is also seeking an order of court, restraining the party from holding out or in any manner howsoever and /or accord Soludo the rights or privileges as its validly or duly elected candidate for the November 6 governorship election in the state.
A declaration that the party, is mandatorily required, given the provision of Section 85(1) of the Electoral Act, 2010 (as amended) to give to the 3rd defendant (INEC), the compulsory 21days statutory notice prior to the holding of the special ward congress, held on June 15, 2021, for the election of ad hoc delegates for the nomination of the its governorship candidate for the Anambra State gubernatorial election scheduled to hold on November 6. 2021.
A declaration that the election of 812 delegates as against the 978 delegates, as provided for in Article 11(5)(vii) of the APGA Constitution 2019, to be adhoc delegates, to elect the governorship candidate of the party, is illegal, unlawful, invalid, null and void.
More so, she urged the court to among other things, determine; “Whether given the clear and unambiguous provisions of Section 85(1) of the Electoral Act, 2010 (as amended), the 3rd Defendant can, in the light of its two separate letters dated 18th June 2021 with REF: INEC/DEPM/UPMM/1/145 and REF:INEC/DEPM/CWO/040/11/304 which disclosed that APGA (1st Defendant), failed to give it, the mandatory 21days statutory notice, prior to the holding of the special ward congress, on 15th day of June, 2021, for the election of ad hoc delegates for the nomination of the 1st Defendant’s governorship candidate for the Anambra State gubernatorial election scheduled to hold on November 6, 2021, lawfully recognize, deal with and give effect to the nomination of the 2nd Defendant through the primary election of the 1st defendant held on 23rd June, 2021 as the 1st Defendant’s candidate for the said governorship election.
“Whether given the clear provisions of Article 11(5)(vii) of the APGA Constitution 2019, which provides for the election of three delegates per ward, to be adhoc delegates, to elect the governorship candidate of the party, the party can lawfully proceed to elect only two delegates in violation of it constitution.
As well as, “Whether the primary election of the 1st Defendant held on 23rd June, 2021 for the purpose electing the 1st Defendant’s candidate for Anambra State gubernatorial general election scheduled to hold on November 6. 2021 is not invalidated by reason of the 1st Defendant’s non-compliance with the mandatory provision of Section 85(1) of the Electoral Act, 2010(as amended), and Article (5)(vii) of the APGA Constitution, 2019”.
Cited as Defendants in the matter are APGA, Prof. Soludo and the INEC.
Meantime, the court had yet to fix a date for hearing of the suit.
