Members of the Peoples Democratic Party (PDP) on Tuesday asked a Federal High Court sitting in Abuja to nullify the candidacy of Mr. Nicholas Ukachukwu’s as the bearer of the party in the November 16 governorship election in Anambra State.
Mr. Emmanuel Nwosu and Chief Charles Odunukwe, both of the state chapter of the party, saidUkachukwu’s nomination breached Section 177(c) of the 1999 Constitution and sections 87 and 31(1) of the Electoral Act 2010, as he was not validly selected by the party.
Mr. Abel Ozioko, Counsel to the plaintiff, in a summon, also claimed that all aspirants of the PDP governorship primaries which held on August 24, including Ukachukwu, Tony Nwoye and Senator Andy Uba, breached an agreement reached by the party’s stakeholders by subjecting the outcome of the primary election to litigation.
According to court documents, suit number FHC/ABJ/CS/661/13, there was an agreement indicated on the nomination form, which forbids aspirants from challenging the selection of any of the aspirant in court.
Ozioko is seeking the court to determine whether or not the violation of the said agreement amounted to an anti-party activity. The plaintiff is also praying for an order compelling INEC to include and allow any other candidate as may be nominated by the PDP to participate in the governorship election.
He said,“A declaration of this honourable court that only the PDP has the prerogative to select or sponsor another candidate for the Anambra 2013 gubernatorial election, when the 3rd defendant who won the primary election and whose name was submitted to INEC by the court.”