The Court of Appeal will on October 20
hear an appeal challenging the adoption
of President Goodluck Jonathan as the
consensus presidential candidate of
Peoples Democratic Party (PDP) ahead
of next year’s general election. The
application was filed by a former PDP
governorship aspirant in Adamawa
State, Dr. Umar Ardo, who has
indicated interest in contesting the
presidential election on the platform of
the party.
Ardo is urging the appeal court to grant
him leave, as an interested party, to be
joined in an earlier suit decided at the
high court between one Cyriacus Njoku,
a member of PDP, and Jonathan, so as
to use the particulars of the case to
challenge the president’s emergence as
PDP’s sole candidate.
Njoku had in suit no. FCT/HC/
CV/2449/2012 at the Abuja High Court
contested Jonathan’s eligibility for the
February 14, 2015 presidential election,
having been sworn in twice as president.
But the court ruled on March 1 last year
that Jonathan was eligible to contest the
2015 presidential election. Njoku
appealed the ruling, but the appeal is
yet to be decided.
Now Ardo wants to rely on the
particulars of the case to sue the
president and his party for adopting him
as sole candidate for the coming
presidential election.
Documents obtained from the Court of
Appeal at the weekend by THISDAY in
appeal no CA/A/574A/M2013 stated,
“Take notice that the above mentioned
motion appeal/judgement has been
listed for hearing before the Court of
Appeal Abuja sitting at the 3 Arms Zone
on Monday, October 20, 2014 at 9am.”
The notice of appeal, dated October 10,
was signed by the Senior Registrar of
the Abuja Division of the Court of
Appeal.
Ardo is urging the Court of Appeal to
quash the September 18 resolution of
the PDP National Executive Committee
that endorsed Jonathan as the sole
presidential candidate of PDP in next
year’s election. The endorsement had
followed similar approvals by the PDP
Governors’ Forum and the party’s Board
of Trustees. Ardo claimed that his
fundamental human rights as a Nigerian
and a financial member of PDP had been
breached by such endorsement of
Jonathan by the NEC and other organs
of the party.
In the appeal filed September 23 by Dr.
Amuda Kannike (SAN) and Doueyi
Fiderikumo on behalf of Ardo, he
alleged that the decision of the lower
court raised “grave points of
constitutional law and jurisprudence
that is the first of its kind in Nigeria.”
The affidavit deposed to by Ardo read, “I
am desirous of contesting the election to
the office of President of the Federal
Republic of Nigeria which is slated to
hold on or before February 2015 and my
desire is mainly built on my conviction
that the president would not be eligible
to contest the said election which would
have cleared the way for a free and fair
level playing ground contest for the
party primaries.”
Meanwhile, PDP on Friday commenced
the sale of nomination forms to
aspirants wishing to vie for positions in
the coming general elections. The
national headquarters of the party in
Abuja was yesterday thronged with
chairmen of the party from states across
the country, who had came to collect the
forms for all categories of aspirants
except those for the governorship.
However, there were indications at the
weekend that All Progressives Congress
might have finally resolved to conduct
an open primary election to pick its
presidential candidate for next year’s
election.
The decision to jettison the idea of a
compromise candidate followed
discussions by the presidential aspirants
and leading power brokers in the party
to try to agree on a power-sharing
arrangement that would reduce the
winner-takes -all tendency and its
potential acrimonies. The party also
appears to have brought forward to
November its presidential primary
earlier scheduled for December 2.
At a meeting Thursday night at the
Rivers State Governors Lodge, in Abuja,
stakeholders of the party were said to
have unanimously agreed to go ahead
with primaries, resolving to set aside all
considerations for a consensus
candidate or automatic ticket. They also
reaffirmed the party's position to
commence the sale of presidential
nomination forms on October 13.
Former Head of State, General
Muhammadu Buhari, ex-Vice President
Atiku Anubakar, Kano Sate Governor
Rabiu Kwakwanso, former Kwara State
Governor Bukola Saraki, Imo State
Governor Rochas Okorocha, and
newspaper publisher Sam Nda-Isaiah
are the major presidential aspirants in
APC.
The party’s NEC recently adopted the
modified direct primaries. But this has
caused division between the camps of
Buhari and Atiku. While Buhari and his
supporters have called for the adoption
of a consensual arrangement as
stipulated in Article 20 of the APC
constitution and section 87(6) of the
Electoral Act, as amended, Atiku has
insisted on allowing contestants to face
each other in a transparent presidential
primary.
A source within APC told THISDAY in
confidence that the plan to move the
presidential primary to November was
to enable the party tackle the internal
dissensions, including the fallouts of the
national convention.
The source said, “As part of the logistic
plans, it is the general consensus that
the December 2 date is too close to
enable a genuine reconciliation meeting
on the outcome of the presidential
primary election. The consensus is that
the National Executive Committee will
meet not later than Tuesday to agree on
the modalities for the shift from
December 2 to second week of
November.
“In the meeting of the caucus last week,
where the idea to revisit some of the
modalities of the presidential primary
was discussed, it was agreed that no
presidential primary would go without
conflict. So the idea of an earlier date is
to give room for reconciliation, hence
the decision to shift the date to
November.”
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