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Frank Okon Daniel, a governorship contestant in the recently
conducted primary election of the People’s Democratic Party has approached a
Federal High Court in Abuja, seeking for an order restraining the party from
transmitting the name of Goodswill Akpabio to the Independent National
Electoral Commission as the governorship candidate of the party in Akwa Ibom
state at the forthcoming general election.
In a motion on notice, which has INEC as first defendant, PDP
second defendant and Mr. Akpabio third defendant, Mr. Daniel is seeking an
order of interlocutory injunction restraining Mr. Akpabio from parading himself
as the duly nominated candidate of the party in the state pending the
determination of the suit.
Mr. Daniel, in the affidavit in support of his motion, said he
was illegally and unlawfully excluded from the gubernatorial primaries by the
committee constituted by the national working committee of the party.
“Worthy of mention also is the fact that the chairman of the
gubernatorial primaries committee, Mr. Femi Ibitoye shamelessly announced at
the venue that incumbent governor, Goodswill Akpabio, was the sole candidate
for the party nominations, despite the fact that I was cleared,” he said.
The plaintiff, through his counsel Andem Ndem, specifically
wants an order restraining the PDP from transmitting the name of the third
defendant based on the results of the governorship primaries held on January 9,
2011 at Uyo Township stadium pending the determination of the suit.
Proof
Furthermore, Mr. Daniel in his affidavit, said that after
having satisfied all procedural requirements as set out in the electoral guidelines
for the primary election 2010 of the PDP, he was accordingly issued with a
provisional clearance certificate number 0000238 dated January 8 in
confirmation of his eligibility to contest the governorship primaries.
When the matter came up yesterday for mention, Mr. Ndem asked
the court for a date for hearing the motion on notice but counsel to Mr.
Akpabio, Paul Usoro, argued that the originating summons was not ripe for
hearing since the plaintiff had not filed his written addresses, noting that he
had filed a counter affidavit opposing the originating summons and a
preliminary objection against the substantive suit.
Abdul Kafarati, the presiding judge, adjourned the matter till
January 31, and asked counsel to the plaintiff to serve the defendants the
written addresses before that date, so that all parties could adopt their
addresses that day.
