Chukwuemeka Njoku, Abuja
The Court of Appeal, Abuja Division, on Thursday, declared a former
governor of Cross River state, Donald Duke, as the validly elected
Presidential standard bearer of the Social Democratic Party (SDP).
The appellate court made the pronouncement in an appeal filed by Duke,
challenging his removal as the presidential candidate of the party.
Justice Hussein Baba-Yusuf of the Federal Capital Territory, FCT, High Court sitting in Maitama
had on December 16, 2018 declared the former Minister of Information,Prof.
Jerry Gana as the winner of the presidential primary election of the
SDP conducted on October 6, 2918.
But in its judgment on the appeal, the Court of Appeal panel set aside
the verdict of the lower court, and subsequently declared Duke as the
validly elected presidential candidate of the SDP.
However, miffed by the judgment of the trial court, Duke headed to the
appellate court to seek redress, wherein he sought for an order
setting aside the judgment of Justice Baba-Yusuf.
After hearing the appeal on Tuesday January 15, 2019, the Court of
Appeal reserved judgment on the appeal after appellant and respondent
counsel had adopted their brief of argument.
Trouble started when 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.
The court 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,” the Justice Hussain Baba-Yusuf
held.
