Ime Akpan
The national working committee of the Social Democratic Party (SDP) is set to meet and review the Court of Appeal ruling on Thursday that recognised the former governor of Cross River, Mr. Donald Duke, as the presidential candidate of the party in the forthcoming general elections.
The national publicity secretary of the party, Mr. Alfa Mohammed, disclosed this in an interview in Abuja while reacting to the Court of Appeal judgment that upturned the December 14, 2018 ruling of the Abuja High Court which declared the former minister of information, Prof. Jerry Gana as the party’s standard bearer.
Duke had approached the court to reverse the decision of the lower court which held that he was not the authentic candidate of the party, having emerged from a process said “to be contrary to the party’s provision for the primary election.”
The appellate court set aside the judgement and awarded N500, 000 cost against Gana.
The three-man panel presided over by Justice Adamu Jauro held that the application is illegal and unconstitutional, which ought not to have been entertained by the lower court.
The court held that Gana’s position in section 18 of the party’s amended constitution contravenes the electoral acts stipulation for the validity of a candidate in any election.
The court also held that the amendment relied upon by Gana did not take effect until October 8, 2018, two days after its ratification and the election of Duke as the party’s candidate was in line with section 222 of the electoral act.
The Court also held that there is nowhere in the constitution that says an aspirant from certain states cannot aspire to be the president of the country.
It stated that if there is anyone to be declared winner in the party’s primary elections, that person must be the one that the people voted for at the party’s national convention.
It would be recalled that the Court of Appeal had on January 15 reserved judgement in the appeal, after parties in the suit adopted their submissions and written addresses on the matter.
Prior to that, the panel had on December 31, 2018, ordered service of the court processes on the respondents through substituted means.
Mohammed, while reacting to the court’s ruling said in an interview that the right to appeal the ruling at a higher court belonged to Gana and not the party.
“The right to appeal belongs to the candidate like Duke exercised his right to appeal when the first judgment was pronounced.
“So, the right to appeal the case lies with Gana and he will make some pronouncement in the next few hours,” he said.
Mohammed said though there was an attempt by the party to commit the two claimants to the presidential ticket to an agreement against appealing the outcome of the judgment of the court of appeal, Gana did not sign the said agreement.
