The controversy trailing the nomination of a former governor of the Central Bank of Nigeria (CBN), Prof Charles Soludo, as the flag bearer of the All Progressive Grand Alliance (APGA), for the November 6 governorship election in Anambra State, has resulted into a lawsuit filed before the Abuja division of the Federal High Court.

In the originating summons, a chieftain of the party, Okoye Nwabuogo, is seeking an order of court setting aside the election and nomination of Soludo as the party’s candidate for the November election.

The suit dated July 6, 2021, and filed the same day by counsel to the plaintiff, Okoro Nkemakolam, is further seeking an order restraining Soludu from parading himself as the validly or duly elected candidate of the party for the said election.

It is the case of the plaintiff, who is a card-carrying member of the party and a registered voter, that the statutory 21 days notice was not given to INEC by the party, prior to the holding of the special ward congress, held on June 15, 2021, for the election of ad hoc delegates for the nomination of the party’s governorship candidate for the Anambra State gubernatorial election scheduled to hold on November 6. 2021.

Listed as defendants in the pre-election suit are All Progressive Grand Alliance, Prof Charles Soludo and the Independent National Electoral Commission (INEC).

While urging the court to invalidate and set aside the entire primary election of the party held on June 23, the plaintiff is equally seeking an order of injunction restraining the Independent National Electoral Commission (INEC, listed as 3rd defendant), from accepting the name of or recognising Prof Soludo (the 2nd Defendant), as the candidate of APGA (the 1st defendant), for the Anambra State gubernatorial general election scheduled to hold on November 6, 2021.

She is also seeking an order of the court restraining the party from holding out or in any manner howsoever and/or according to Soludo the rights or privileges as its validly or duly elected candidate for the November 6, 2021 governorship election in the state.

In addition, she is further seeking a declaration that the party, is mandatorily required, given the provision of Section 85(1) of the Electoral Act, 2010 (as amended) to give to the 3rd defendant (INEC), the compulsory 21days statutory notice prior to the holding of the special ward congress, held on June 15, 2021, for the election of ad hoc delegates for the nomination of its governorship candidate for the Anambra State gubernatorial election scheduled to hold on November 6.

A declaration that the election of 812 delegates as against the 978 delegates, as provided for in Article 11(5)(vii) of the APGA Constitution 2019, to be ad hoc delegates, to elect the governorship candidate of the party, is illegal, unlawful, invalid, null and void.

garfield1:
the die is cast.

A declaration that the election of 812 delegates as against the 978 delegates, as provided for in Article 11(5)(vii) of the APGA Constitution 2019, to be ad hoc delegates, to elect the governorship candidate of the party, is illegal, unlawful, invalid, null and void.

It is the case of the plaintiff, who is a card-carrying member of the party and a registered voter, that the statutory 21 days notice was not given to INEC by the party, prior to the holding of the special ward congress, held on June 15, 2021, for the election of ad hoc delegates for the nomination of the party’s governorship candidate for the Anambra State gubernatorial election scheduled to hold on November 6. 2021.

Mikecold:
Alexreport how far

You don return your ticket when oga send you to buy

fergie001:


Some were abusing me when I said Obiano should spend money.




This is the internal workings of a Party. The Court won't touch this.

garfield1:


What concerns alexreports and sunnews

fergie001:




This is the internal workings of a Party. The Court won't touch this.

but this....


Na wahala oooooo


Obiano spend money oooooooooo

tchaik:


SC has held that the 21 days notice doesn't matter IF INEC monitored the meetings/Congress/convention. I can't remember the case, but the court was like If hearing notice was not served on a party, and such party later heard about the hearing and appeared, he can't ask court to nullify the proceedings on the basis of non service of hearing notice. Lol.

If INEC dey for your faction, you don get upper hand. Lol.

garfield1:


I didn't copy the full pot.if you follow the link,you will see the full details.
Nothing like internal workings.once a party disobeys its own rules and it becomes a subject of litigation,the courts will dispense justice.the apex court has echoed this severally except it is nonjusticiable

fergie001:

Similar thing happened with Alaibe and Diri....You remember the Supreme Court (Rhodes-Vivour) struck the case out, because it is the internal workings of a Party.

Electoral Guidelines are guided by the NWC.

Even the APGA Constitution made it clear;
ARTICLE 12 (3)c:

Make Party Electoral regulations, to govern the conduct of elections to all Party offices at every level and to govern the procedure for electing, nominating or selecting Party candidates for elective offices.

tchaik:


SC has held that the 21 days notice doesn't matter IF INEC monitored the meetings/Congress/convention. I can't remember the case, but the court was like If hearing notice was not served on a party, and such party later heard about the hearing and appeared, he can't ask court to nullify the proceedings on the basis of non service of hearing notice. Lol.


If INEC dey for your faction, you don get upper hand. Lol.

garfield1:


Your last statement is very false.you claim the sc has ruled a similar case before but can't remember funny.I can mention several primaries which inec nullified meanwhile inec monitored.a breach of the electoral act is very fatal and cannot be remedied by inec sir

tchaik:


Ok

garfield1:


You are confusing yourself.we are talking about a breach of the electoral act not party guidelines.the question to be determined is if apga breached the electoral act? What was the course of action and if the suit was filed on time does the litigant has locus?

fergie001:

Get my point.......Read your write-up again.
There are two main items I singled out.

The issue of delegates and
The issue of 21 days....
I tackled the delegate own there...holds no water and

The 21-days issue is what I am trying to get feedback on, if indeed there is a SC judgement on that.

Juliusmalema:
Apga is in mess.

So let's focus the energy on other parties.

garfield1:
Okay,we are in agreement that section 85(1) of the electoral act amended was breached...even inec clearly testifies to this.this is enough...

Secondly,was APGA's constitution breached in the election of delegates or not? She quoted article 11(5) vii of apga's constitution which stated how delegates will be elected.you are now trying to claim it is not apga's constitution but a mere guideline which is not true.a breach of a party's constitution has been established,dont trivialize it

garfield1:
Fergie001, the die is cast.

fergie001:

Get my point.......Read your write-up again.
There are two main items I singled out.

The issue of delegates and
The issue of 21 days....
I tackled the delegate own there...holds no water and

The 21-days issue is what I am trying to get feedback on, if indeed there is a SC judgement on that.

Ezewuzie01:
There is nothing to worry about. Mature politicians know that this is a strategy to declare Soludo the candidate of Apga by the court. Prof Soludo is a well known binhari’s boy nationally not some unknown stooges that APC presented in Bayelsa and Zamfara.

OBALOLA55:
OTI NA ANYA AFU UZO

ANYWAY I DON FIX AM FOR YOU

fergie001:


The APGA legal adviser said there is a SC judgement to the effect of S. 85.....Google can't help me but for INEC to have raised this, there is a Problem.

For the second one....

I will digress to throw more light on the Alaibe v Diri. Alaibe had questioned that contrary to the PDP Constitution.
https://www.nairaland.com/5723642/alaibe-vs-diri-court-fixes#87241866

The PDP Constitution does not have a provision for LGA officials been among its delegate lists for elective Congress but it was used in the PDP Bayelsa Primary after been approved by the PDP NWC.

The SC said....."it is the domestic affair of the Party & the Court has no jurisdiction to adjudicate on such."

Whenever a list is given to INEC...it must enter the mode of nomination and the electoral Guidelines thereof.

The Electoral Act also stipulates somewhere in 87 or 88 that you just need to inform INEC the procedures so as to enhance smooth supervision of the process. ( As well as the NWC-approved list).

This is the reason why for direct, you submit Register for members & for indirect, you set up a Congress.

Last year, the PDP in Edo State excluded all 18 LGA Executive Committee members in Oshiomhole's LGA (Etsako-West) from participating in their Primary. No reason whatsoever.

The Questions to ask are:
-Did the APGA NWC ratify that list?
-Was that list the product of the Congress supervised by INEC?
-Is that list the one INEC is holding?

If the answers to these questions are YES..The Court will do nothing about it.

fergie001:


The APGA legal adviser said there is a SC judgement to the effect of S. 85.....Google can't help me but for INEC to have raised this, there is a Problem.

For the second one....

I will digress to throw more light on the Alaibe v Diri. Alaibe had questioned that contrary to the PDP Constitution.
https://www.nairaland.com/5723642/alaibe-vs-diri-court-fixes#87241866

The PDP Constitution does not have a provision for LGA officials been among its delegate lists for elective Congress but it was used in the PDP Bayelsa Primary after been approved by the PDP NWC.

The SC said....."it is the domestic affair of the Party & the Court has no jurisdiction to adjudicate on such."

Whenever a list is given to INEC...it must enter the mode of nomination and the electoral Guidelines thereof.

The Electoral Act also stipulates somewhere in 87 or 88 that you just need to inform INEC the procedures so as to enhance smooth supervision of the process. ( As well as the NWC-approved list).

This is the reason why for direct, you submit Register for members & for indirect, you set up a Congress.

Last year, the PDP in Edo State excluded all 18 LGA Executive Committee members in Oshiomhole's LGA (Etsako-West) from participating in their Primary. No reason whatsoever.

The Questions to ask are:
-Did the APGA NWC ratify that list?
-Was that list the product of the Congress supervised by INEC?
-Is that list the one INEC is holding?

If the answers to these questions are YES..The Court will do nothing about it.

Ezewuzie01:
There is nothing to worry about. Mature politicians know that this is a strategy to solidify Soludo's candidacy by the court. Prof Soludo is a well known figure nationally not some unknown stooges that APC presented in Bayelsa and Zamfara.

Garfield why didn't you report the recent judgement of Anambra state high court which declared Ugochukwu Uba as the authentic PDP candidate? Abi that one pain you

garfield1:



Good,towards your conclusion you asked three questions.let me answer the second question.it is crystal clear that inec did not monitor or supervise any delegate congress on June 15 hence them reminding apga that they breached section 85.

I think you are misapprehending guidelines and constitution.what the appellant is alleging is a violation of apga constitution.in amechi vs omehia and even in marafa vs apc,the supreme court has asked that parties must obey its constitution.apc was disqualified in zamfara not because inec said it did not conduct primaries but because the court discovered that the apc purported primary was conducted by swc instead of nwc as directed by apc constitution...
The apga constitution is clear on how delegates will be elected in article 11(5)...it is very different from bayelsa.me and you variously debated that bayelsa matter.I remember that the bone of contention was the sudden conduct of lg elections in order to make the elected lg elected officials statutory delegates.we also agreed that alaibe needs to prove that these disputed delegates actually voted and affected the final outcome.

The manner in which delegates emerge matter if not pdp will not bother shuffling the delegates list after the court ruling.or parties can just pick anybody as a delegate.parties must obey their constitution.it is a must.it is only in matters that are ambiguous like appeal panel,party screening etc that the court will handoff.apga breached its own laws.

fergie001:

The second question has the answer from the 1st prayer of the Plaintiff. Done.

Parties must obey their Constitution but that same Constitution empowers the NWC to appropriate electoral Guidelines. That's why I inserted the Bayelsa example.

The case of Zamfara surrounded the Primary of the Party, almost like would have been the case with Uzodinma.

For the Anambra case, the bone of contention was not the LG delegates but the State Chairmanship, LG, Ward and exco of the Party. They were elected November 2017 & their tenures hadn't expired.

It is these Ward delegates that elects the adhoc delegates.

The election of adhoc ward delegates is under the Office of the State Chairman (EXCO), who must seek Authority from the NWC before conducting such.

The Chairman only said that he was removed unlawfully, hence should be reinstated.

He had written to the NEC, who expectedly suspended them instead.

The Court granted. By virtue of the fact that as Chairman, the delegates election was not conducted by him, it becomes void.
The case of Giadom is an example.

Giadom simply nullified all Oshiomhole had done, including the Primary that produced POI. It was only over-ruled by APC NEC, without which APC would have had no candidate in Edo.

Article 20(III) of the APC Constitution states clearly how APC should nominate their candidates for offices. APC contravened same CONSTITUTION in Ondo, like PDP did in Bayelsa......all aspirants (except Aketi) complained against it.

This is [url=https://www.vanguardngr.com/2020/07/ondo-2020-adoption-of-indirect-primary-subversion-of-apc-constitution-%E2%80%95-olusola-oke/?amp=1]Olusola Oke, SAN's [/url] complaint, though he didn't take it to Court.

Two other candidates, Ajasin-Anifowoshe & Nathaniel Adojutelegan went to Court separately..and the matter is before the Supreme Court.

Two separate high Courts handled (one handled by Okon Abang), and Two Separate Appeal Courts told them that [b](it is the domestic affair of a Party), & the Court cannot adjudicate.

NWC approved it.