Former Governor of Cross River, Donald Duke, on Monday challenged the jurisdiction of the Federal High Court in Abuja to hear a suit seeking an order nullifying his emergence as People’s Redemption Party (PRP)’s presidential candidate for the 2027 general elections.
Duke, in a preliminary objection, prayed Justice Mohammad Umar to dismiss the suit for lack of jurisdiction.
Justice Umar had, on June 22, adjourned for hearing of the suit filed by an aspirant, Dr Yakubu Kingsley, against Duke’s emergence as PRP’s presidential candidate in the May 25 primary election.
When the case was called on Monday, only Kingsley’s lawyer, Felix Ipogah, was in court.
Ipogah informed the court that the matter was scheduled for hearing of their motion ex-parte for substituted service of court processes on Duke, who is the 2nd defendant in the suit.
“However, we are applying to withdraw same as event has overtaken that,” he said.
The lawyer told the court that Duke, who they had planned to serve by substituted means, had filed a preliminary objection and a counter affidavit.
Ipogah then applied that the ex-parte motion, dated June 23 but filed June 24, be struck out and the judge granted the prayer.
The lawyer therefore sought an adjournment to enable them respond to Duke’s processes.
Justice Umar, who adjourned the matter until July 7 for hearing, ordered that hearing notices be issued and served on all the defendants, including the Independent National Electoral Commission (INEC).
The judge also ordered that all the parties must filed their processes before the next adjo without any prior notice or negotiation to announce that only the 3rd defendant had been cleared.
He alleged that they informed him that he had been disqualified from the Yobe North Senatorial District primary election of the party contrary to his constitutional right and the provision of the Electoral laws and regulation set out by INEC.
The claimant said the unprecedented situation caused serious pandemonium among the voters who were fed up with Lawan representing them in the Senate.
He said the voters started chanting his nickname, “Iroko” “Iroko” “Iroko” as their candidate for Senate.
He alleged that members of the electoral committee, with the support of Lawan, used some officers and men of the Nigeria Police Force to fire teargas at the venue of the primary election to disperse the crowd of voters gathered for the direct primary election at Gashua, Yobe.
He said he know there was no direct primary or consensus election conducted at the designated venue at Gashua, Yobe May 18, since all voters were dispersed by the Nigeria Police Force teargas.
He alleged that he later saw on social media that the committee had left the neutral venue ground at government’s lodge, Gashua scheduled for the election and moved to Lawan’s private residence at Gashua in Yobe where about seven persons affirmed Lawan as APC’s candidate for Yobe North Senatorial District.
He said this was at the detriment of the party’s internal democratic procedures and compliance with the electoral guidelines of INEC.
He said photographs of Lawan’s affirmation by either six or seven persons at his private residence in Gashua on May 18 were copied from his Redmi A5 handset and printed from his HP Laser-Jet P-2015 printer and attached as Exhibits “G”.
The aspirant said he exhausted all efforts by him to seek internal administrative procedure to register his grievances to the party through its state’s Chairman Appeal Committee, Damaturu in Yobe by submitting his complaint in writing dated May 18.
Kafayos said it would be in the interest of justice to set aside the flawed poll to allow a fresh election as a result of absence of transparency and breach of internal democratic process.
Alternatively, the aggrieved aspirant prayed that INEC should disqualify Lawan and declare him the candidate duly elected for the senatorial district.