A Federal High Court sitting in Asaba on Tuesday ordered substituted service on the Accord Party in Delta State in a suit filed by the Peoples Democratic Party. The PDP is asking the court to disqualify all the candidates of the APC, Labour Party, and Accord Party from contesting in the forthcoming general election for violation of the Electoral Act.

In the suit ((FHC/ASB/CS/28,29,30/2015), which originated from the chambers of Mr.  Akinlolu Kehinde (SAN), and filed at the Federal High Court sitting in Asaba, the PDP is asking the court to disqualify the candidates of the three political parties standing for election in the state  on the grounds  that  their  parties violated sections 85(1) of the Electoral Acts , 2010 (as amended) which provides that: “Every registered political party shall give the commission at least 21 days’ notice of any convention, congress, conference or meeting convened for the purpose of electing members of its executive committees, other governing bodies or nominating candidates for any of the elective offices specified under this act.”

According to the plaintiff, APC, Accord and Labour Party breached this constitutional provision having held their primaries less than 21 days after the notices they gave to the Independent National Electoral Commission for the holding of their primaries to choose candidates for the 2015 election. Joined as defendants in the  suit are the   Independent  National  Electoral Commission (INEC) ;  APC governorship flag- bearer , Olorogun Ortega Emerhor;    Labour Party governorship Candidate, Chief  Great Ovedje Ogboru ; Accord Party Senatorial Candidate for Delta North , Hon Victor Ochei and 95 others.
According to the plaintiff, the APC, Accord and Labour Party breached this constitutional provision having held their primaries less than 21 days after the notices they gave to the Independent National Electoral Commission for the holding of their primaries to choose candidates for the 2015 election.
Joined as defendants in the  suit are the   Independent  National  Electoral Commission (INEC);  APC governorship flag- bearer, Olorogun Ortega Emerhor; Labour Party governorship Candidate, Chief  Great Ovedje Ogboru; Accord Party Senatorial Candidate for Delta North , Hon Victor Ochei and 95 others.

In the originating summons,  dated 17th  March 2015,  PDP is asking the court to determine whether  the defendants did not violate  “the requirement  of at least  twenty-one  (21) days’ notice  of  primary election, convention, congress, conference  or meeting usually given to the 1st  defendant (INEC)  by the 2nd  defendant  and other  political  parties  in Nigeria  is  mandatory and binding.”

The plaintiff is also seeking the court to determine whether  the notice of meeting received  by INEC  from the defendants on the   18th , 21st  and   25th November , 2014  respectively  for the purpose  of nominating  and accepting the  parties’  candidates for the elective  offices of the governor, senate , house  of representative  and house of assembly respectively is  valid in law  and binding  on INEC. The PDP further requests  the court  to resolve whether  INEC ‘s acceptance and recognition  of the defendants  as   nominated  candidates  for  purpose of contesting  2015 general election into elective offices is not  null , void, illegal, and unlawful .
Relying on the case of Atai V. Dangana (2012) concerning the 2011 Kogi East Senatorial election where the Appeal court ruled that the provisions of section 85 (1) of the Electoral Act, 2010, as amended “are imperative, considering the object the Act is intended to serve,” the plaintiff is praying the court for a declaration that by virtue of section 85(1) of the Electoral Act, 2010, as amended, the defendants stand disqualified from participating in the 2015 general election having emerged from primaries conducted in contravention of the Electoral Act.

It also wants a declaration that the nomination, sponsorship, and candidatures of   Olorogun Emerhor, Chief  Ogboru,  Hon. Ochei, and  other candidates  standing for election in the state from  the respective parties  are null , void, illegal , unlawful, and  not binding on  INEC.
In addition, the plaintiff is asking the court to issue a perpetual injunction restraining    Emerhor, Ogboru, Ochei and other candidates from the respective political parties from parading, presenting, or projecting themselves for the purpose of contesting the forth-coming elections.
When the suit came up for hearing on Tuesday in Asaba, the lawyers of the defendants except that of the Accord Party were present in court. The court was told that the party locked up its office in Asaba on Friday to avoid service. The presiding judge, Justice Olatunregun Ishola, then ordered lawyers to the plaintiff to make substituted service on the party, and fixed Thursday, April 2 for further hearing of the case.