By Ikechukwu Nnochiri

Former Minister of State for Agriculture, Senator Heineken Lokpobiri, has dragged the Independent National Electoral Commission, INEC, to court over the outcome of governorship primary election the All Progressives Congress, APC, conducted in Bayelsa State.

Lokpobiri who participated in the APC governorship primary election that held on September 4, is seeking for a court order to restrain INEC from accepting or recognising any nomination from the party, pending the determination of the Originating Summons he filed before the Yenegoa Division of the Federal High Court.

The Bayelsa State governorship election is billed for November 16.

However, in his suit, Senator Lokpobiri applied for an order of perpetual injunction to restrain INEC from publishing the name of any other candidate that is forwarded to it by his party, aside from his own.

He told the court that though he secured the highest number of votes at the end of an indirect primary election the party held in the state, his name was however excluded in the list of candidates that were sent to INEC.

Specifically, the plaintiff is praying the court for “Declaration that the 1st Defendant (APC) lacks the power and the vires to nominate, sponsor or forward to the 3rd Defendant, the name of any candidate for election on the platform of the 1st Defendant to the office of

governor of Bayelsa State at the Bayelsa State governorship election slated for November 16, 2019, or any other date, other than as mandatorily provided by the relevant provisions of the Constitution of the Federal Republic of Nigeria, 1999 (as amended); the Electoral Act, 2010 (as ); as well as the Constitution and Guidelines of the 1st Defendant.

“A declaration that the 1st Defendant does not possess the vires, power or authority to forward to the 3rd Defendant any other name (particularly, that of the 2nd Defendant) than the name of the Plaintiff who secured the highest number of votes in the primary election organized by the 1st Defendant and supervised by the 3rd Defendant on 4th September, 2019 to contest on the platform of the 1st Defendant for the office of Governor in the Bayelsa State governorship election slated for November 16, 2019 or any other date.

“A declaration  that the Plaintiff, having scored the highest number of votes at the primary election conducted by the 1st Defendant and monitored by the 3rd Defendant on 4th September, 2019 to nominate a candidate to represent the 1st Defendant for the office of Governor in the Bayelsa State governorship election slated for November 16, 2019, or any other date remains the candidate of the 1st Defendant for the Bayelsa State Governorship election slated for November 16, 2019, or any other date.

“A declaration that the submission by the 1st Defendant to the 3^rd Defendant of the name of the 2nd Defendant, to contest the election on the platform of the 1st Defendant to the office of Governor in the Bayelsa State governorship election slated for November 16, 2019, or any other date is unconstitutional, illegal, ultra vires, oppressive, undemocratic, arbitrary,null and void and of no effect.

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“A declaration that the election of the Plaintiff as the candidate who scored the highest number of votes at the primary election held by the 1stDefendant and monitored by the 3rd Defendant on 4th September, 2019 to nominate a candidate that would represent the 1st Defendant for the office of Governor in the Bayelsa State governorship election slated for November  16, 2019 or any other date subsists.

“An order setting aside the nomination and/or submission by the 1^st Defendant to the 3rd Defendant of the name of the 2nd Defendant as the candidate to represent the 1st Defendant in the Bayelsa State Governorship Election slated for November 16, 2019, or any other date.

“An order of perpetual injunction restraining the 1st Defendant either by

itself, National Chairman, officers, agents, privies or through any person or persons howsoever, from treating, presenting or holding out to the 3rd Defendant in particular or to any person at all, the 2nd Defendant as the candidate representing the 1st Defendant at the Bayelsa State governorship election slated for November 16, 2019 or any other date.

“An order of perpetual injunction restraining the 3rd Defendant, whether  by itself, officers, agents, privies, or through any person or persons  howsoever, from treating or further treating, accepting or further accepting, publishing or further publishing the name of 2nd Defendant as the candidate representing the 1st Defendant in the Bayelsa State governorship election  slated for November 16, 2019 or any other date.

“An order of perpetual injunction restraining the 3rd Defendant, whether by itself, National Chairman, officers, agents, privies or through any person

or persons howsoever from excluding or further excluding, withholding or further withholding the name of the Plaintiff as the candidate representing the 1st Defendant at the Bayelsa State Governorship election slated for November 16, 2019, or any other date.

“An order of perpetual injunction restraining the 2nd Defendant, whether

by himself or through his officers, agents, privies or any person or persons howsoever, from parading or further parading, presenting or further presenting, holding himself out or further holding himself out, as the candidate representing the 1st Defendant in the Bayelsa State Governorship election slated for November 16, 2019.

“An order of perpetual injunction restraining the 3rd Defendant from  accepting, recognizing, dealing with/or putting on the ballot paper the  name of the 2nd Defendant or any person other than the plaintiff as the 1st

Defendant’s candidate at the Bayelsa State governorship election slated for November 16, 2019, or any other date.

“An order of this Honourable Court directing or compelling the 3^rd Defendant to accept the Plaintiff forthwith as the Governorship candidate of the 1st Defendant for the Governorship election in Bayelsa State slated for November 16, 2019, or any other date.

As well as,  “An order of injunction compelling the 3rd Defendant henceforth to treat the plaintiff as the candidate of the 1st Defendant in the election to elect  the governor of Bayelsa State slated for November 16, 2019 or any other  date and the 3rd Defendant to accord the said plaintiff the rights, privileges and perquisites of a candidate for the 1st Defendant in the governorship election including to campaign in the election as such candidate of the party”.

Cited as 1st to 3rd defendants in the suit are the APC, INEC, and the nominated candidate of the party, Mr Lyon Pereworinimi. Meanwhile, no date has been fixed for hearing.

Vanguard