The 26 candidates of the Peoples Democratic Party (PDP) in the Ekiti State House of Assembly election have dragged the Independent National Electoral Commission (INEC) before a Federal High Court in Abuja, seeking nullification of the election of the All Progressives Congress (APC) members of the House of Assembly over alleged emergence as the party candidates without primary election.
The suit number FHC/ABJ/C5/556/19, filed on behalf of the PDP assembly candidates on May 24, 2019, by Mr. Oluwatosin Ojaomo, could not come up before Justice A. R. Mohammed, today, as the judge was absent.
Justice Mohammed however directed that that the matter be adjourned till October 2, 2019.
The respondents had written a letter to INEC through their counsel on May 16, 2019, requesting for Certified True Copies of the results of primary elections and other documents, including the commission’s report on the conduct of the APC House of Assembly primary election in Ekiti State. This request was not honoured.
The 26 PDP Assembly candidates are seeking the court declaration as to whether or not the APC can lawfully nominate candidates to INEC for the Ekiti State House of Assembly elections 2019 without conducting a primary election for the aspirants contesting under the party as required by law.
Other reliefs being sought are; “A declaration that the names of APC candidates submitted to INEC for the purpose of participation in the 2019 House of Assembly election in Ekiti State is null and void ab-initio as the APC has no duly nominated candidates for the election.
“A declaration that INEC is duty bound to ensure compliance with the provisions of the Electoral Act 2010 (as amended).
“A declaration that none conduct of primary election for its nominated candidates for 2019 House of Assembly election in Ekiti State as provided for in the Electoral Act automatically nullifies the participation of the candidates and where they even participated in the election, such participation was an exercise in futility ab-initio.
“An order directing INEC to withdraw the Certificates of Return unlawfully issued to the candidates on APC for the 2019 House of Assembly election in Ekiti State.”