From Godwin Tsa, Abuja
The Abuja Fivision of the Court of Appeal has resolved the crisis over the presidential candidate of the Social Democratic Party (SDP) in favour of former governor of Cross River State, Donald Duke.
In a unanimous judgment, the appellate court set aside the judgment of a Federal High Court, which had declared erstwhile Information Minister, Prof. Jerry Gana, as the party’s presidential candidate.
Justice Hussein Baba-Yusuf, who delivered the judgment, held that Duke is not the authentic candidate of the party, having emerged from a process said “to be contrary to the party’s provision for the primary election.”
Dissatisfied with the judgment of the Federal Capital Territory (FCT)High Court, Duke had approached the court to set it aside and declare him as the party’s presidential candidate.
Meanwhile, the court has awarded N500, 000 as cost against the former information minister.
The three-man panel, led by Justice Abdul Aboki, held that the application was illegal and unconstitutional, and ought not to have been entertained by the lower court.
The court held that the position of Gana, in section 18 of the party’s amended constitution, contravenes the electoral acts stipulation for the validity of a candidate in any election. The court also held that the amendment relied upon by Gana did not take effect until October 8, 2018, two days after its ratification. It added that the election of Duke as the party’s candidate was in line with section 222 of the Electoral Act.