November 12, 2014 – Professor Akasoba Duke-Abiola has filed a suit at the Federal High Court Abuja, seeking an injunction restraining the Peoples Democratic Party (PDP) from presenting a candidate for the 2015 Presidential Election.
Duke-Abiola is also asking the court to restrain INEC from accepting any candidate from the PDP in respect of the 2015 general election. Already the PDP is expected to field President Goodluck Jonathan in the 2015 general election after his groundbreaking declaration on Tuesday in Abuja, the very day the suit was also filed.
In the originating summons filed by Festus Keyamo chambers on Monday, the plaintiff is praying the court that by virtue of section 50(1) of the 1st Defendant’s (PDP) Constitution, and Section 87(1) & (9) of the Electoral Act 2010, the 1st Defendant is not under an obligation to comply with all the rules made under the “Electoral Guidelines for Primary Elections 2014 of the PDP”
The plaintiff is seeking a declaration that, having failed to comply with the “Electoral guidelines for primary elections 2014 of the PDP”, and in view of the provision of section 87(9) of the Electoral Act, 2010, the 1st Defendant (PDP) cannot validly field any candidate for the Presidential Election in 2015.
It is also seeking a declaration that the 2nd Defendant cannot accept any candidate fielded by the 1st Defendant for purposes of the Presidential Election in 2015, by reason of the provisions of Section 87 (9) of the Electoral Act, 2010 and an order of perpetual injunction restraining the 2nd Defendant from accepting any candidate fielded by the 1st Defendant for purposes of the 2015 Presidential Elections.
The plaintiff believes that her right was breached having paid the mandatory N2 million for Expression of Interest Form code no PD 002/P whereas the form was not made available to him.