…Cites Court Order
By Bayo Etema, Uyo
Ahead of today’s governorship primary of the Peoples Democratic Party (PDP) in Akwa Ibom State, one of the governorship aspirants and Senator representing Uyo Senatorial District, Bassey Albert Akpan has pulled out from the contest, citing the order of the Federal High Court in Abuja placing injunction on the exercise.
Some members of the party led by former member of the State House of Assembly, Hon. Friday Iwok had instituted a legal action against the conduct of the election of the ad-hoc delegates for the party primaries in Akwa Ibom State.
Consequently, the Judge in suit No. FHC/ABJ/CS/606/22 ordered the parties to the case to maintain status quo antebellum pending the hearing and determination of the suit.
However, the state party which had earlier filed for stay of execution in the matter had gone ahead with the Primaries to elect candidates into various elective positions ahead of 2023 poll.
Senator Albert said in a letter to the State Chairman of the party, Hon. Aniekan Akpan, that as a law abiding citizen and loyal party man, he will not be part of what he termed as ‘Illegality’, saying the action does not amount to withdrawing from the governorship race to clinch the party ticket.
He said: “Wheras my attention has been drawn to widely publicised notices dated and signed by the National Organising Secretary, Hon. Umar M. Bature, wherein, it was stated that by virtue of Section 84(8) of the Electoral Act, 2022, delegates to vote in the above mentioned primaries are the three (3) AD-HOC Delegates per ward, elected at the Ward Congresses and One (1) National Delegate per Local Government, elected at the Local Government Area Congresses.
“I am in possession of a subsisting court enrolled order in Suit No. FHC/ABJ/CS/606/22 at the Federal High Court Abuja where the Honourable Court ordered amongst others that it will be in the interest of justice for the
parties to maintain status quo antebellum pending the hearing and determination of the suit.
“I am also aware that the Party was duly served with this Order on May 18th, 2022
“That the Party has filed an Appeal at the Court of Appeal, Abuja on May 19th, 2022 which has not been heard as at date, and also file an application for stay of order at the same Federal High Court, Abuja.
“I have been advised by my solicitors that a mere filing and or notice of an appeal at an upper court, and an application for the stay of order at the Federal High Court does not vacate or serve as a stay of the subsisting order of the lower court.
“I have also been advised by my solicitors that the conduct of the primaries with AD-HOC Delegates as proposed by the Party shall be in breach of the subsisting order and also a contempt of court with the consequences of nullifying the outcome of the primaries and therefore jeopardising the chances of our great Party fielding Candidates during the forth coming election
“I have also been advised that the Local Government Area Congresses that elected the One (1) National Delegate per Local Government, was largely made up of statutory delegates as voters as against the Electoral Act which dose not recognise statutory delegates as voters in such election.
“I am aware that the Party has resorted to this illegality due to the fact that the amended Electoral Act 2022 has not yet been signed into law by the President of the Federal Republic of Nigeria
“As a concerned party member, and an aspirants to the above stated Governorship Primary election of our great party, and a law abiding citizen, I feel oblige to request that the Party:
“i. Obey and comply with the order in Suit No. FHC/ABJ/CS/606/22
“ii. Suspend the conduct of the forth coming primaries in Akwa Ibom State pending when the amended Electoral Act is signed into law by Mr President or until such a time the court would have heard and determine the above suit or in the alternative, explore other options as listed in the Electoral Act to conduct the Governorship Primary in Akwa Ibom State
“Consequent upon above Sir, I convey to you my inability to take part in the scheduled primary election until such a time that the illegality mentioned herein is corrected. This is by no means a withdrawal of my aspiration from the Governorship contest of our great party. I am ready to stand the primary election anytime it is so scheduled in line with acceptable processes and in accordance with the laws of our nation.” He said