YPP Asks Court to Nullify PDP, APC’s Primaries in Anambra

Alex Enumah in Abuja

The Young Progressives Party (YPP) has asked a Federal High Court, Awka, to determine the validity of primaries the All Progressive Congress (APC) and People’s Democratic Party (PDP) conducted to nominate candidates for the next elections.

The party made the demand in two separate suits with numbers FHC/AWK/C5/53/21 and FHC/AWK/C5/52/21 filed before the court on Friday.

YPP through its counsel, Donald DeNwigwe (SAN) said in view of Rule 4.5.1 and 4.5.2 of the guidelines for the Conduct of Political Parties Primaries 2018, the court should determine if the PDP’s purported primary was valid following the party’s failure to submit its delegates list 7 days before the date of the primaries.

Citing various court judgments, the plaintiff is asking the court to among others determine if INEC was right not to have barred the PDP from holding the purported primary on June 26 that produced Valentine Ozigbo as the party’s flag bearer for the state’s 2021 governorship election and from further participation in the process of nomination of candidates for the aforementioned election.

The YPP also asked the court to determine whether INEC in view of the commission’s Monitoring Committee Report on the aforementioned PDP primary and the decision in APC V. Marafa (2020) 6 NWLR (Pt. 1721), can chose when to enforce provisions of the Electoral Act, Rule 4.5.1 and 4.5.2 of the guidelines for the Conduct of Political Parties Primaries 2018 which require parties to submit their delegate lists to the commission 7 days before their primaries.

The party asked the court to determine whether INEC being a public regulatory body for political parties, is right not to have declared the purported primary conducted on June 26 by the PDP as a nullity for being in violation of the judgment of the FCT High Court in Suit No. FCT/HC/BW/CV/160/2021 between Akaeze Ugochukwu Vincent and the Peoples Democratic Party.

In the case of the APC, the plaintiff wants the court to determine whether the purported primary conducted by the All Progressives Congress (APC) on June 26, 2021 which produced Senator Andy Uba as the party’s flag bearer is void or otherwise.

It wants the court to further determine the validity of the aforementioned primary in view of Section 285 (14)(c) of the Constitution of the Federal Republic of Nigeria (as amended), Section 87(1) of the Electoral Act, 2010 (as amended) and Guidelines for the Conduct of Party Primaries as provided by INEC and the commission’s Monitoring Committee Report on the purported primary conducted by the APC.

Also in the suit, the YPP in view of the Supreme Court decision in APC V. Marafa (2020) 6 NWLR (Pt. 1721), Section 285 (14)(c) of the 1999 constitution of the Federal Republic of Nigeria (as amended), Section 87 (1) of the Electoral Act 2010 (as amended), Regulations and Guidelines for the Conduct of Party Primaries, and the Report of INEC Monitoring Committee on the aforementioned primary, asked the court to determine if INEC is right not to have barred the APC from further participation in the process for nomination of candidates for the November 6th Anambra State Gubernatorial Election following the failure of the party to conduct primary election for the election of candidate between June 10 and July 1 time frame given by the commission for conduct of primaries.

The YPP also asked the court to determine if INEC can choose when to enforce the provisions of the Electoral Act and its timetable requiring parties to hold primaries in respect of Anambra 2021 Gubernatorial Election between June 10 and July 1 time frame given by the commission for conduct of primaries.

The party further asked the court to determine whether INEC being a public regulatory body is right not to have declared the purported primary of the APC conducted on June 26, as a void for being in breach of Section 87(1) and Rule 7.1 of the Guidelines for Conduct of Party Primaries 2018 as per the report of the Commission’s Monitoring Committee on the purported primary.