by crossriverwatch admin
A former chairmanship in Abi Local Government Area Council under the platform of the Peoples Democratic Party for the Local Government Elections scheduled for 21st of September, 2013, Ms Winifred Pius Ikpabi has dragged the PDP, CROSEIC and one Mrs. Edith Newman Amadi to Court.
In Suit No.HUG/31/2013 filed in the registry of the High Court, Ugep, Ms Ikpabi is seeking an order that the nomination of Mrs. Amadi as the Chairmanship candidate of the PDP for Abi Local Government Area Council for the scheduled Local Government elections be set aside on the ground that she was not qualified to seek nomination of the party ticket because she was underage.
In her Statement of Claim, the Claimant alleged amongst other thing that: Mrs. Amadi (1st Defendant) having been born on the 26th October 1984 , according to a statutory declaration of age sworn to by her mother, Mrs. Grace Loius Evogor on the 16/12/2002 before a Magistrates ‘ Court in Sapele, Delta State of Nigeria did not attain the mandatory age of 30 years prescribed by Paragraph 1 (viii) of the Guidelines for the Conduct of Local Government Elections of the PDP and Section 11 of the Local Government Law,2007.
That the 1st Defendant was not a member of the Peoples Democratic Party and therefore was not eligible to aspire for the position of Chairmanship candidate of the Peoples Democratic Party for Abi Local Government Area. However the process was manipulated for the 1st Defendant by the Chief of Staff to the Governor, Mr. Alex Egbona who directed that the 1st Defendant should be nominated to be the candidate despite the fact that she was not a member of the Peoples Democratic Party and had not complied with the provisions of Paragraphs 1 (viii) of the Guidelines for the Conduct of Primaries for Local Government Election.
That they know as a fact that the 1st Defendant was not eligible to contest for the nomination for the Chairmanship candidate of the Peoples Democratic Party because she was below 30 years of age which is contrary to Paragraph 1 (viii) of the Guidelines for the Conduct of Primaries for Local Government Elections.
That after the Claimant filled the expression of intent form which she collected by paying the sum of N500, 000.00 her name was supposed to have been forwarded by the Leader of the Abi Local Government Area Council Caucus of the Peoples Democratic Party, Mr. Alex Egbona but Mr. Egbona bluntly and deliberately refused to submit her name in order to pave the way for the 1st Defendant to emerge as the sole aspirant.
That the 4th Defendant rather submitted the name of the 1st Defendant who is his stooge or lackey to the Zonal Screening Committee that was supposed to screen aspirants for Chairmanship position in order to pave way for the emergence of the 1st Defendant as the sole aspirant for the nomination as Chairmanship candidate of the Peoples Democratic Party for the purpose of the local Government Elections.
The Claimant also avers that many male members of the Peoples Democratic Party purchased the expression of interest form for the nomination of the Chairmanship but later withdrew from the race when the wife of the Governor of Cross River State, Mrs. Imoke directed that only women should seek nomination as Chairmanship candidate of the 2nd Defendant in Abi Local Government Area Council in the Local Government Elections.
According to the claimant, this directive led all male aspirants for the position of candidate for the Chairmanship position to withdraw from the race for the Chairmanship position of the Party for the Local Government Elections.
The Claimant further avers that no Primary Election took place in Abi Local Government Area Council of Cross River State of Nigeria for the nomination of the candidate of the Peoples Democratic Party for the Chairmanship election of Abi Local Government Area Council as envisaged by Paragraph 7, 8, 9, 10 (B); 12 and 13 of Paragraph 4 of Guidelines for the Conduct of Primaries for Local Government Elections.
Despite the fact that Primary Election never took place in Abi Local Government Area Council to nominate the candidate of the 3rd Defendant the name of the 1st Defendant was forwarded to the 2nd Defendant as the candidate of the Party for the election into the office of the Chairman of Abi Local Government Area Council scheduled for the 21st September, 2013.
The claimant further claims that 1st Defendant attended the University of Calabar and graduated in 2008 when she was 24 years old. The 1st Defendant was born on the 26th October, 1984 from the Statutory Declaration of Age deposed to her Mother; Mrs. Grace Louis Evogor in the Magistrates Court, Sapele, Delta State of Nigeria on the 16th December, 2002 was born on the 26th October, 1984.
The claimant is therefore asking the Court to make a declaration that by a true interpretation and construction of Section 11 (b) of the Local Government Law of Cross River State of Nigeria Cap. L 16, 2004 and Paragraph 1 (viii) of the Guidelines For the Conduct Of Primaries For Local Government Elections issued by the State Chairman and State Secretary of the Peoples Democratic Party as published in the Weekend Chronicle of Friday May 10th, 2013 respectively, the 1st Defendant was not qualified to contest the Chairmanship election of Abi Local Government Area Council of Cross River State of Nigeria scheduled for the 21st September, 2013 or on any other date assigned by the 3rd Defendant.
A declaration that the 1st Defendant who from the Statutory Declaration of Age deposed to by her Mother,Mrs. Grace Louis Evogor in the Magistrates Court, Sapele, Delta State of Nigeria on the 16th December, 2002 was born on the 26th October, 1984 was not qualified to seek the nomination of the Peoples Democratic Party as its Chairmanship candidate for Abi Local Government Area Council in the election scheduled for the 21st September, 2013 by virtue of Paragraph 1 (viii) of the Guidelines for the conduct of Local Government Elections and Section 11 of the Local Government Law of Cross River State of Nigeria, 2004.
A declaration that the nomination of the 1st Defendant as the Chairmanship candidate of the Peoples Democratic Party for the Chairmanship election of Abi Local Government Area Council of Cross River State of Nigeria for the election scheduled for the 21st September, 2013n or on any other date assigned by the 3rd Defendant is wrongful, unconstitutional , null and void because of the disregard by the 3rd Defendant of its guidelines laid down for the nomination of candidates of the 2nd Defendant for the said election which guidelines were signed by the State Chairman and State Secretary of the 2nd Defendant published in the Weekend Chronicle Newspaper of Friday, May 10th,2013 titled ” GUIDELINES FOR THE CONDUCT OF PRIMARIES FOR LOCAL GOVERNMNENT ELECTIONS”.
A declaration that the deliberate exclusion of the Claimant from the list of aspirants forwarded by the leader of the Abi Local Government Area Council Caucus of the Peoples Democratic Party (the 4th Defendant) to the Zonal Screening Committee constituted to screen Chairmanship aspirants of the 2nd Defendant in order to way for the emergence of the 1st Defendant as the sole aspirant is wanton, wrongful, illegal, capricious and null and void and of no effect whatsoever.
A declaration that the claimant was the only aspirant under the platform of the 3rd Defendant who met all the requirements laid down by the 3rd Defendant for the nomination of the candidate to bear the flag of the 3rd Defendant for the Chairmanship election of Abi Local Government Area Council of Cross River State of Nigeria and ought to have been declared or nominated as the candidate for the position of Chairmanship of the 3rd Defendant for the said election.
An Order setting aside the nomination of the 1st Defendant as the candidate of the 2nd Defendant for the position of Chairman of Abi Local Government Area Council for the election scheduled for the 21st September, 2013 or on any other date assigned or fixed by the 3rd Defendant.
An Order Directing the 2nd Defendant to conduct a fresh Primary Election for the Nomination of its candidate for the Chairmanship position of Abi Local Government Area of Cross River State of Nigeria in compliance with its Guidelines For the Conduct Of Primaries For Local Government Elections issued by the State Chairman and State Secretary of the Peoples Democratic Party as published in the Weekend Chronicle of Friday May 10th, 2013.
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