Hon. Yari Danjuma, chairmanship aspirant of the Peoples Democratic Party (PDP) has filed a suit at the Federal High Court Abuja, seeking a court to restrain the party from conducting its national convention slated for October 30 and 31.
By the suit marked FhC/ABJ/CS/1279/2021, the plaintiff is challenging the alleged refusal of the party to make public the expression of interest form for qualified members willing to contest for the post of the National Chairman of the party at the forthcoming national convention.
The plaintiff said the deliberate failure or refusal of PDP to sell or make available Expression of Interest Form to him or other interested members of the party or aspirants for the position of the National Chairman of the Party is undemocratic.
Defendants in the suit are the Independent National Electoral Commission, Peoples Democratic Party and the Inspector-General of Police.
He wants the court to declare as “illegal, unconstitutional, null and void” the deliberate refusal to sell or make available to him the nomination form to enable him to contest for the national chairmanship office.
The suit was dated October 22, 2021, and filed on behalf of Danjuma by his lawyer, Olomotane Egoro Esq.
In addition, the plaintiff is seeking an order of court stopping INEC from monitoring or observing the said National Convention.
Furthermore, Danjuma is praying the court for an order not to recognize any person purportedly elected or appointed as the National Chairman of PDP at the said convention or give effect to any outcome of the gathering in any manner whatsoever.
“A declaration that the purported or proposed National Convention of the 2nd Defendant (PDP) scheduled to hold on 30th October, 2021 or at any other such date thereafter, which is being organized, conducted and planned without any sell or publication of Expression of Interest Form for or to interested members of the party or aspirants for the position of the National Chairman of the party, is deliberately exclusionary, illegal, unlawful, unfair, unconstitutional and undemocratic.
“A declaration that the Plaintiff being an eligible, financial and qualified member of the 2nd Defendant (PDP) cannot be validly excluded or deliberately prevented from participating, contesting or seeking election for the position of the National Chairman of the 2nd Defendant (PDP) by the refusal to sell or make available Expression of Interest Form for the said election prior to the National Convention of the party scheduled to hold on 30th October, 2021 or at any other such date thereafter.
“An order of the court compelling and directing the 1st Defendant, either by itself, staff, agents, officers or howsoever described, NOT to monitor or observe the said National Convention of the 2nd defendant (PDP) scheduled to hold on 30th October 2021 or at any other such date thereafter, without the participation of the Plaintiff or to recognize any person purportedly elected or appointed as the National Chairman thereat or give effect any outcome of the gathering in any manner whatsoever.
“An order of the court compelling and directing the 3rd Defendant to ensure the protection of lives and property and prevention of the breakdown of law and order by preventing the purported gathering of the 2nd Defendant (PDP) on the said 30th October 2021 or at any other such date thereafter under the guise of conduct of the purported National Convention of the party.
“An order of perpetual injunction restraining the 2nd Defendant, PDP, either by itself, officers, members or howsoever described from proceeding with the purported gathering or National Convention scheduled to hold on 30th October 2021, or at any other such date thereafter.
In the suit, the plaintiff posed the following questions for the court to determine:
Whether the purported or proposed National Convention of the 2nd Defendant (PDP) is scheduled to hold on 30th October 2021 or at any other such date thereafter, which is being organized, conducted and planned without any sell
or publication of Expression of Interest Form for or to interested members of the party or aspirants for the position of the National Chairman of the Party is not deliberately exclusionary, illegal, unlawful, unfair, unconstitutional and undemocratic and therefore contrary to the provisions of Section 223(1)(a) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), Section 85(3) of the Electoral Act, 2010 (as amended) and Article 49 of the Constitution of the Peoples Democratic Party (PDP).
“Whether upon the calm and community construction of the clear and mandatory provisions of Section 223(1)(a) of the Constitution of the Federal Republic of Nigeria, 1999 (as Amended), Section 85(3) of the Electoral Act, 2010 (as Amended) and Article 49 of the Constitution of the Peoples Democratic Party (PDP), the Plaintiff being an eligible, financial and qualified members of the 2nd Defendant (PDP) can be validly excluded or deliberately prevented from participating, contesting or seeking election for the position of the National Chairman of the party by the refusal to sell or make available Expression of Interest Form for the said election prior to the National Convention of the party scheduled to hold on 30th October, 2021 or at any other such date thereafter whether such conduct or act of the 2nd Defendant (PDP) is not illegal, unlawful, unconstitutional, undemocratic and therefore rendered the proposed, planned or scheduled National Convention and/ or its outcome null and void, as a result thereof.
