Few weeks after the People's Democratic party Governorship primary that produced two parallel candidates in Edo state, Comrade Philip Shaibu, the state Deputy Governor, Barrister Anselm Ojezua and two others on Friday approached the Federal High Court, Abuja to stop Independent National Electoral Commission, National Secretariat of the party from recognising Dr. Asue Ighodalo as the party candidate.
The case file No.: THC/ABJCS/304Q between Anselm Ojezua, Plaintiff and Asue Ighodalo, People's Democratic party and Independent National Electoral Commission ( defendants).
According to the case file, the originating summons brought pursuant to sections 84(13)B(1) and (ii) of the electoral Act. 2022 (As Amended) Independent National Electoral Commission Regulations and Guidelines for the conduct of political parties primaries, Article 50(3) of the Constitution of the People's Democratic party (As Amended in 2017) Article 8(m) of the People's Democratic party Guidelines for Governorship primary election.
ORDER 3 RULES 6 AND 9, ORDER 56 RULE 1 OF THE FEDERAL HIGH COURT (CIVIL PROCEDURE) RULES, 2019. SECTIONS 12 AND 13 (1) OF THE FEDERAL HIGH COURT ACT, CAP F12, VOLUME 6, LAWS OF THE FEDERATION OF NIGERIA AND THE INHERENT POWERS OF THIS HONOURABLE COURT AS RECOGNISED AND PRESERVED UNDER SECTION 6(6)(A)&(B), 36 OF THE CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA, 1999 (AS AMENDED)
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Within seven days after service of this summons on them, inclusive of the day of such service, cause an appearance to be entered for them to this summons, which is issued upon the application of ANSELM USIOISE OJEZUA (whose address for the purpose of this suit is No. 4 Mubi Close, Area 11, Off Emeka Anyaoku Street, Garki, Abuja) who claims the reliefs endorsed at the foot of this summons, for the determination of the following questions to wit:
QUESTIONS FOR DETERMINATION
Whether the 1st defendant was validly nominated as the candidate of the 2nd defendant in the Forthcoming Gubernatorial Election of Edo State in the Primary election held on the 22nd February 2024, having regards to the flagrant breach of the provisions of section 84(5)(b)(i) and (ii) of the Electoral Act 2022, INEC's Regulations and Guidelines for the conduct of Political Party Primaries, Article 10(4) of the Constitution of the People's Democratic Party (as amended in 2017) Article 8(m) of the People's Democratic Party guideline for Governorship primary Election?
Whether the purported nomination of the 1st defendant as the candidate of the 2nd defendant for the September 2024 Edo State Gubernatorial Election at the Primary.