Monday, July 4, 2022

JUST IN: Court orders PDP to recognise Kano delegates elected under Sagagi exco

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A Federal High Court sitting in Kano has ordered the Peoples Democratic Party, PDP, and Independent National Electoral Commission to recognise the national delegates elected on May 10 by the 44 local government area executives of the party.

There is a raging tug-of-war between the Shehu Sagagi-led state executives and a faction of the party led by a former Nigerian Ambassador to China, Aminu Wali.

Although Mr Sagagi is recognised by law as the authentic chairman, the national headquarters of the PDP favours the Wali faction because of Mr Sagagi’s alleged loyalty to the presidential candidate of New Nigeria Peoples Party, NNPP, Rabiu Kwankwaso.

DAILY NIGERIAN gathered that the PDP headquarters had jettisoned the delegate list forwarded by Mr Sagagi and recognised one sent by Mr Wali’s faction.

In view of the foregoing development, two of the excluded delegates Jamilu Garo and Alto Yau, on behalf of the 43 others, dragged the party, its chairman, Secretary, Organising Secretary and Independent National Electoral Commission, INEC, to court seeking inclusion as validly-elected national delegates from Kano.

Delivering judgement on Friday, Justice A.M. Liman orders as follows:

That the Plaintiffs’ election as National delegates of the 1st Defendant from the Local Government Area Congress of the 1st Defendant conducted in the 44 Local Government Areas of Kano State on the 10th May 2022 and monitored by the 6th Defendant is in
compliance with Article 18(2)(c) of the Constitution of the 1st Defendant (as amended in 2017), Article 1(a)(i) of Part I (Page 5) and Article 4(xvili) of Part II (Page 9) of the Electoral Guidelines for Primary Elections of the 1st Defendant dated 13th March, 2022.

That the 1st – 5th Defendants are bound by the PDP Constitution (as amended in 2017) and its Electoral Guidelines for Primary Elections dated 13th day of March, 2022 as well as Section 84(5) and (8) of the Electoral Act, 2022 to present only persons who were duly elected at the Local Government Area Congress of the 1st Defendant conducted on the 10th day of May, 2022 in the 44 Local Government Areas of Kano State as National delegates of the 1st Defendant from Kano State.

That only the Plaintiffs as National Delegates elected during the Local Government Congress of the 1st Defendant (one per Local Government Area) from the 44 Local Government Areas in Kano State conducted on the 10th day of May, 2022 and witnesses by the officials of 6th Defendant are the authentic National Delegates of the 1st Defendant for its Primary Election in Kano State and the Special National Convention of the 1st Defendant for the election of its Presidential Candidate.

That only the Plaintiffs and the other 43 National Delegates (whose names are contained in Exhibit A8 attached to the affidavit in support of this Originating Summons) who were elected during the Local Government Area Congress of the 1st Defendant from the 44
Local Government Areas in Kano State on the 10th day of May, 2022 and witnessed by the
officials of the 6th Defendant are permitted to attend and vote as National Delegates of the 1st Defendant for the purpose of electing House of Assembly Candidates of the 1st Defendant, House of Representatives Candidates of the 1st Defendant, the Senatorial/House of Representatives Candidates of the 1st Defendant, Governorship Candidates of the 1st Defendant in the forth-coming Primary Election of the 1st Defendant in Kano State and the Presidential Candidate of the 1st Defendant at the Special National Convention of the 1st Defendant as National Delegates from Kano State.

That the 1st  – 5th Defendants, their officers, agents or privies are restrained from using any other National Delegate(s) or recognizing any other National Delegate(s) for the purpose of voting for or electing the House of Assembly Candidates, House of Representatives Candidates, Senatorial Candidates, Governorship Candidate of the 1st Defendant in Kano State and the Special National Convention of the 1st Defendant for the election of its Presidential Candidate other than the Plaintiffs (whose names are contained in Exhibit A8 attached to the affidavit in support of this Originating Summons) who were elected at the Local Government Area Congress of the 1st Defendant covering the 44 Local Government Areas in Kano State on the 10th day of May, 2022 and monitored by the 6th Defendant.

That the 6th Defendant, its officials, agents, privies or assigns are restrained from recognizing or permitting to vote or participate in any manner whatsoever any other National Delegate(s) of the 1st Defendant from Kano State apart from the Plaintiffs whose names are contained in Exhibit A8 attached to the affidavit in support of this Originating Summons who were elected on the 10th day of May, 2022 from the 44 Local Government Areas of Kano State during the Local Government Areal Congress monitored by the 6th Defendant for the purpose of the forth-coming delegates/Primary Elections of the 1st Defendant in Kano State and the Special National Convention of the 1st
Defendant for the election of the 1st Defendant’s Presidential Candidate.

That the Defendants are mandated to recognize only the Plaintiffs and all those
National Delegates whose names are contained in Exhibit A8 attached to the Affidavit in
Support of the Originating Summons to participate fully and vote at the forthcoming
Delegates/Primary Elections of the 1st Defendant in Kano State and the Special National Convention of the 1st Defendant for the election of its Presidential Candidate.

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