From Godwin Tsa, Abuja
A chieftain of the Peoples Democratic Party (PDP) and chairmanship aspirant, Yari Danjuma, has asked the Abuja division of Federal High Court to stop the national convention.
He predicated his suit on the alleged refusal of the party to make public the expression of interest form for qualified members willing to contest the post of the national chairman.
In the case with suit number FhC/ABJ/CS/1279/2021, Danjuma is praying the court to hold as illegal, unconstitutional, null and void the deliberate refusal to sell or make available to him the nomination form to enable him contes for the national office.
According to him, the deliberate failure or refusal of PDP to sell or make available expression of interest form to him or other interested members of the party or aspirants for the position of the national chairman of the party is undemocratic.
In the suit, dated October 22 and filed by his counsel, Olomotane Egoro, the plaintiff is further seeking an order of the court to stop Independent National Electoral Commission (INEC) from monitoring or observing the said national convention.
He also urged the court not to recognise any person purportedly elected or appointed as the party national chairman at the said convention or give effect to any outcome of the gathering in any manner whatsoever.
Joined as defendants are INEC, PDP and the Inspector -General of Police.
He is praying the court to determine the following questions:
“Whether the purported or proposed national convention of the 2nd defendant (PDP) scheduled to hold on October 30, 2021 or at any other such date thereafter, which is being organised, conducted and planned without any sell or publication of expression of interest form for or to interested members of the party or aspirants for the position of the national chairman is not in deliberately exclusionary, illegal, unlawful, unfair, unconstitutional and undemocratic and, therefore, contrary to the provisions of Section 223(1)(a) of the 1999 Constitution (as Amended), Section 85(3) of the Electoral Act, 2010 (as amended) and Article 49 of PDP constitution.
Whether upon the calm and community construction of the clear and mandatory provisions of Section 223(1)(a) of the 1999 Constitution (as amended), Section 85(3) of the Electoral Act, 2010 (as amended) and Article 49 of PDP constitution, the plaintiff being an eligible, financial and qualified members of the 2nd defendant (PDP) can be validly excluded or deliberately prevented from participating, contesting or seeking election for the position of the national chairman of the party by the refusal to sell or make available expression of interest form for the said election prior to the national convention of the party scheduled to hold on October 30, 2021 or at any other such date thereafter whether such conduct or act of the 2nd defendant (PDP) is not illegal, unlawful, unconstitutional, undemocratic and, therefore, rendered the proposed, planned or scheduled national convention and/or its outcome null and void, as a result thereof?