Ime Akpan
Professor Jerry Gana has rejected yesterday’s ruling of the Appeal Court which voided the judgement of a Federal Capital Territory High Court that earlier declared him the presidential candidate of the Social Democratic Party (SDP) for the 2019 general elections.
The three-man panel of the court headed by Justice Adamu Jauro had, instead, affirmed the former governor of Cross River State, Mr. Donald Duke as the duly elected presidential candidate of the party.
But Gana who addressed the media in Abuja on Friday described the court’s judgement as “erroneous” and “contradictory” and a “miscarriage of justice.”
Gana who spoke through the director general of the G19 Presidential Campaign Team of Prof. Jerry Gana, Dr Ike Neliaku, alleged the skewed composition of the Appeal Court panel and the purported suspension of the effective date of the new SDP constitution by two because it was submitted to the INEC on October 8, 2018.
“Their Lordships’ importation of some elements into the judgement, which were neither canvassed nor part of the matter at the lower court is very strange…. If the logic of the judgement is to be followed, it implies that all the congresses, primaries, appointments, activities, and the national convention, conducted by the party from June 1 to October 7, 2018, in accordance with the provisions of the new Constitution, were null and void.
“Arising from the above and many other lacunas and contradictions in the judgement, we have carefully weighed the views and options presented by our stakeholders and supporters across the world, and resolved to accede to what is in the long term interest of our democracy. It is therefore our considered opinion that the judgement of the Court of Appeal is erroneous, contradictory and a miscarriage of justice.
“The decision is therefore not acceptable to us. Accordingly, our candidate, Prof. Jerry Gana, CON, has resolved to appeal the judgement at the Supreme Court.
“We believe that, apart from setting the records straight and clarifying matters of Constitutional Order, this will strengthen our electoral law, enrich our jurisprudence, as well as deepen and widen our democracy,” he said.
When told about the implication of going to Supreme Court when the election is about four weeks away, the spokesman said: “Ultimately, it is the party that is voted for. The only thing is that the candidate influences the volume of votes, which is what Prof. Gana is bringing on board.
“So, let’s understand the issue very clearly, it is the party that will be voted for. Since he (Duke) has the capacity, followership, competence, the floor is open. Let us watch the dance and see how far the dance will go.”
Meanwhile, the national chairman of the party, Chief Olu Falae, called on all those involved in the litigation, including Gana and Duke, who was returned as the presidential candidate, to abide by the ruling of the Appeal Court.
Falae promised that no member would be victimized or sanctioned for any excesses committed while the controversy lasted in the spirit of reconciliation, and urged all to be mindful of their actions and utterances.
He said he did not expect that the case would be pursued at the Apex court and commended the reconciliation committee led by Prof. Rufai Ahmed Alkali.
He said the committee did a wonderful work as Duke promised to work for Gana if he won at the Court of Appeal, while the second contender did not commit himself to the ‘gentleman agreement’ without consultations.
He promised to enforce discipline in the party and warned that the “party might not be able participate in the presidential election” if the litigation proceeded beyond this period.
