Tina Amanda and Kas Worgu
A Federal high court sitting in Port Harcourt has reserved the 7th of January 2019 for judgement in the case filed by People Democratic Party, PDP, against All Progressive Congress, APC, seeking to restrain the Independent National Electoral Commission, INEC, from fielding candidates of the APC in the 2019 elections.
The presiding judge, Justice J.K Omotosho while making his declaration also said the issue of disciplinary action recommended by counsel to the APC Olatoke against one Barr C.A Chieme who claimed to be the counsel to the APC in the matter would also be addressed on the said date.
While arguing in court, counsel to PDP, Emmanuel Okala, SAN, cited sections 8 sub-section 1 of the electoral act and section 285 sub-section 14C, saying a political party has the right to challenge the candidature of other political parties if their emergence lacks compliance with the electoral laws.
His position was challenged by counsel to the APC who in his argument said the issue bothering on the emergence of a political party’s candidate is an internal matter which other political parties should not meddle into.
Speaking to our reporter Tina Amanda, co-counsel to the PDP, Dike Udenna, said APC has not complied with the requirement of the law to hold primaries, adding that APC is not eligible to contest the 2019 elections.
‘’We are asking the court to interpret provisional conditions of the Constitution and the provisions of the electoral act including 87.1 and tell us whether a political party that did not conduct primaries is eligible and entitled to participate in a general election”
On his part, Counsel to APC, KAYODE OLATOKE, a senior advocate of Nigeria, said PDP has no business in the internal crisis of another political party.
“We contended that PDP is a busy-body trying to interfere in what happens in APC. One party cannot complain or challenge the way and manner another party conducts its primaries.
“PDP should wait till after election then go and challenge APC at the tribunal not here”
Our correspondent reports that the matter filed by Senator Magnus Abe and 42 others asking that they be recognized as the eligible candidates of the APC for the 2019 elections was also adjourned by the court to the 7th of Jan for Judgment.
Justice Omotosho adopted the joinder application by Tonye Cole as a party to the suit.
The judge said the matter will be adjourned to allow a proper filing of joinder.
Counsel to the APC, Mr Tundero, SAN, said the process has been contaminated by a virus from Abe’s counsel for saying that no primaries held.
However, Counsel to INEC said the commission will abide by the decision of the court.
