Two members of the Bauchi state chapter of the Peoples Democratic Party (PDP), have commenced legal fireworks in a bid to stop President Goodluck Jonathan from contesting in the forthcoming presidential election on the platform of the party.
The two PDP members, Comrade Adamu Isa and Ladan Aliyu, yesterday dragged the party and the Independent National Electoral Commission (INEC) before a Federal High Court, Abuja, seeking an order to restrain the PDP and INEC from fielding and admitting a presidential candidate from any geo-political zone other than from the North.
The duo want the court to direct INEC to reject any list of presidential candidates submitted to it by PDP, violates the zoning policy of the party, under which the Presidency is supposed to remain in the North from 2007 to 2015.
In an originating summons, the Plaintiffs are praying the court to order PDP to, as a matter of duty, observe and enforce the observance of the zoning policy in the election for the Office of the President, in view of the combined effect of the provisions of paragraphs 2(c) and (d) of the preamble and Articles 7.1 (c) (ii) and sections 14 (3) and 224 of the country’s Constitution, which the party resolved to uphold by Article 7.2 (a) and (c) of PDP’s Constitution 2006.
The originating summons filed by Abubakar A. Malami (SAN), on behalf of the Plaintiffs, pointed out that the party’s meeting held on December 2, 2002, among other things, recognised and prescribed the zoning of the Presidency between the South and the North.
A 10-paragraph affidavit in support of the originating summons and deposed to by Barrister Ahmed Zumaru from A.A. Malami Chambers, pointed out that PDP sanctioned the zoning arrangement in 2002, at its national caucus meeting on the enforcement of the principles of power-shift and power-sharing, by rotating key political offices amongst the diverse peoples of the country, and devolving powers equitably between the Federal, state and local governments, in the spirit of true federalism.
The affidavit noted that: “The sale of nomination form by the PDP to President Jonathan and his (Jonathan) declaration of intention to contest for president under the platform of the PDP are in breach of the Constitution of the Peoples Democratic Party, 2006 (as amended).
“That the appropriate executive committee of the PDP empowered to enforce the provision of the party Constitution deliberately ignored, refused or failed to so enforce the provisions relating to the policy of rotation and zoning of party and elective offices as enshrined in the constitution of the Peoples Democratic Party 2006 (as amended), 1999 constitution of Nigeria and the resolution reached at the meeting of the party on 2nd December, 2002,” the affidavit pointed out.
It stated that unless there is an order of restriction, PDP is set to allow candidates outside the Northern region of Nigeria to contest for nomination in its primary election slated for January 22, 2011, saying the PDP is obliged to submit to INEC a list of the candidates it proposes to sponsor at the presidential election not later than 60 days before election.
It averred that the Plaintiffs’ constitutional right to the sustenance of the policy on zoning, as established by the PDP Constitution and the resolution reached at the meeting of the party on December 2, 2002, was defeated by the sale of nomination forms to presidential candidates other than candidates of Northern extraction.
No date has been fixed for hearing of the suit, which was filed yesterday
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