Court sacks Duke picks Jerry Gana as SDP presidential candidate

An FCT High Court in Maitama on Friday declared a former Minister of
Information, Jerry Gana, the winner of the presidential primary
election of the Social Democratic Party (SDP) conducted on October 6.
The party had declared a former governor of Cross River state, Donald
Duke, the winner of the election and its flag bearer for the 2019
presidential election.
The party said Mr Duke polled 812 votes while Mr Gana had 611.
However, Mr Gana went to court seeking to be declared the winner in
line with the zoning and rotation formula of the party’s constitution.
In his judgment, Justice Hussein Baba-Yusuf held that the regulations
contained in the party’s constitution were binding on every member and
must be obeyed.
He held that the zoning and rotation formula as contained in the
party’s constitution stipulated that both the chairman of the party
and the flag bearer should not come from the same zone.
“In this instance, the party’s Chairman, Chief Olu Falae, is from the
South and Duke is from the South too; the law is clear; there is
nothing to write in-between.
“The law has crystallised that political parties should abide by the
regulations which they have made by themselves.
“The claimant laid sufficient evidence to have the judgment in his
favour; it is a clear violation of the party’s constitution; the court
cannot wave right over illegality,” he held.
The judge, therefore, declared Mr Gana the winner of SDP presidential
primary election conducted on October 6.
He also declared Mr Duke’s 812 votes null and void and ordered SDP to
forward Mr Gana’s name to the Independent National Electoral
Commission (INEC) as the party’s flag bearer for the 2019 presidential
election.
In addition, he ordered that Mr Duke should stop parading himself as
the party’s flag bearer for the election.
Mr Gana had joined SDP, its National Chairman, Mr Falae; National
Secretary, Shehu Gabam; Chairman, SDP Presidential Screening Panel/
Deputy National Chairman, South, Tunde Adeniran; Mr Duke and INEC as
defendants in the suit.
Mr Gana sought a declaration that Mr Duke was not eligible to stand as
a candidate in the party’s presidential primaries held on October 6 in
Abuja.
He also sought a declaration of the court that he ought to have been
declared the winner of the SDP presidential primary election, having
polled the highest valid votes in the said election.
The former minister wanted an order of the court declaring him the
validly elected flag bearer of the party for the 2019 General
Elections.
Mr Gana also sought a perpetual injunction restraining Mr Duke from
parading himself as the SDP presidential candidate for the elections,
among other reliefs.
He had argued that under Article 15(3) of the SDP Constitution, the
office of the national chairman of the party and the presidential
candidacy shall rotate between the northern and southern parts of the
country. (NAN)