…Demands Cancellation Of Purported Election
As the date for the Peoples Democratic Party (PDP) approaches the member representing Member Rep. Esit Eket/Ibeno State Constituency
Akwa Ibo State House of Assembly Rt. Hon. Usoro Akpanusoh, Ph.D has written the party’s National Chairman Senator Iyorchia Ayu calling for an outright cancellation of the purported party primary in Esit Eket/Ibeno State Constituency and urged him to immediately re-schedule the Esit Eket/Ibeno House of Assembly Primary Election in line with the Electoral Act, 2022, Party Constitution and the Party Guidelines.
In a petition to Ayu titled:
APPEAL FOR ADHERENCE TO “ARTICLE 25 OF PEOPLES DEMOCRACTIC PARTY CONSTITUTION AND THE COURT ORDER IN SUIT NO, FHC/ABJ/CS/606/22 BETWEEN RT. HON FRIDAY IWOK & OTHERS AND INDEPENDENT NATIONAL ELECTORAL COMMISSION AND PEOPLES DEMOCRATIC PARTY.
Usoro stated that “I am a serving member of the Akwa Ibom State House of Assembly under Peoples Democratic Party in Akwa Ibom State, screened and cleared aspirant to the House of Assembly Primary towards the forth coming general elections in 2023.
WHEREAS;
1. My attention has been drawn to a widely publicized notice dated May 20th, 2022 for our Primary Elections to take place on Sunday, May 22, 2022 signed by the National Organizing Secretary of our great Party, Hon. Umar M. Bature.
2. Therein the above notice, it was stated that by virtue of Section 84(8) of the Electoral Act, 2022, delegates to vote in the above mentioned Primary Elections are the three (3) AD-HOC Delegates per ward only, elected at the Ward Congresses and One (1) National Delegate per Local Government, elected at the Local Government Area Congresses.
3. I am aware of a subsisting Court Order in Suit No. FHC/ABJ/CS/606/22 at the Federal High Court Abuja where the Honourable Court ordered, amongst others that it will be in the interest of justice for the parties to maintain status quo antebellum pending the hearing and determination of the suit.
4. I am aware that the Party was duly served with this Court Order on May 18th, 2022.
5. That the Party has filed an Appeal at the Court of Appeal, Abuja, on May 19th, 2022 which has not been heard as at date.
6.I am aware that a mere filing and or notice of an appeal at an upper court does not Vacate or serve as a stay of the subsisting Order of the lower court.
7.I wish to state that the Peoples Democratic Party failed to publish the list of purported AD-HOC delegates within 48hours of the conduct of that election as required by law and rather published it, for the first time, today 22nd May, 2022 on social media platform to wits; the Publicity Secretary of Peoples Democratic Party’s facebook page even after the purported Primary Elections had commenced.
8. I am aware that the conduct of the Primaries with the purported AD-HOC Delegates by our Party is in breach of the subsisting Order of Court which is contemptuous with the consequences of nullifying the outcome of the Primaries and therefore jeopardizing the chances of our great Party fielding Candidates during the Forth coming General Elections.
9.I am aware that “Article 25 of Peoples Democratic Party constitution provides that quorum for a state Congress shall be two-thirds of the members of the State Congress, while Part 10 Article 6 provides that the quorum for a National Convention shall be two-thirds of the members of the Convention.
10.Therefore, three man AD-HOC Delegates for the State Convention in my State Constituency Esit Eket/Ibeno falls far short of the quorum stipulated in the Peoples Democratic Party Constitution. In the case of EsitEket/Ibeno State Constituency where over 260 (Two Hundred and Sixty) Delegates constitute the State Congress, while the AD-HOC Delegates are only 62 (Sixty-two) this is far below the two-third stipulated by the Peoples Democratic Party Constitution as amended.
11.I am aware that the Party has resorted to self-help and illegality due to the fact that the amended Electoral Act, 2022 has not yet been signed into law by the President of the Federal Republic of Nigeria.
Mr. Chairman Sir, as Party Member and Aspirant to the above stated Primary Election, I feel oblige to request that the Party;
i. Obey and comply with the Order of Court in Suit No. FHC/ABJ/CS/606/22 by not using AD-HOC Delegates, the subject matter of the suit to conduct the primaries pending the determination of the Suit.
ii. Obey and comply with Article 25 of the Peoples Democratic Party Constitution which provides that quorum for a State Congress shall be two-thirds of the members of the State Congress
In the circumstance, therefore, I advise the leadership of my Party Poeples Democratic Party to be mindful of the constitutional and legal landmines posed by its decision and their far reaching implication in conducting congress in EsitEket/Ibeno State Constituency
Consequently, the Chairman Sir, I write to inform you that if the congress had formed two-third I would have won the purported party primary conducted on Sunday, 22nd May, 2022.
I am requesting you Sir, for an outright cancellation of the purported party primary in Esit Eket/IbenoState Constituency and urge you to immediately re-schedule the Esit Eket/Ibeno House of Assembly Primary Election in line with the Electoral Act, 2022, Party Constitution and the Party Guidelines.
