Bayelsa Governorship Primary Election Latest: Court Stops Bayelsa Governorship Primary!

A Federal High Court in Abuja, yesterday, ordered the Peoples Democratic Party, PDP, to suspend its scheduled November 19 gubernatorial primaries for Bayelsa State, till November 22, when a motion ex-parte filed by the embattled governor of the state, Timipre Sylva, will be determined.

The court which granted the plaintiff leave to paste the court order at the national headquarters of the PDP in Abuja, further gave all the defendants in the suit, 72 hours upon receipt of the court processes, to show cause why fresh gubernatorial primaries should be conducted in the State.

Besides PDP, Governor Sylva listed the Independent National Electoral Commission, INEC, and the Acting National Cha irman of the party, Abubakar Kawu Baraje, as the 1st and 3rd defendants respectively in the suit. Owing to his disqualification from the said primary election, Sylva through his lawyer, Chief Lateef Fagbemi, SAN, approached the high court with a motion on notice dated November 14.

Specifically, he sought four principal reliefs from the trial court, which are: “an order of interim injunction restraining the defendants, their agents, servants, privies, officers or otherwise and/or any other person howsoever described from conducting, organizsing, or holding any meeting or ward congress and from embarking on any activities leading to the holding of any fresh Gubernatorial primary election for Bayelsa State on November 19, or on any other day pending the determination of the motion on notice.

“An order of interim injunction restraining the 1st defendant whether by itself, servant, agents, privies or howsoever called from accepting from the 2nd and 3rd defendants any fresh submission of names of governorship aspirant from Bayelsa State, to change/substitute the name of the Plaintiff which had already been submitted to the 1st Defendant after the primary election of January, 2011, pending the hearing and determination of the substantive suit. 

“An order of interim injunction restraining the 2nd and 3rd Defendants, whether by themselves, servants, agents, privies or howsoever called from forwarding a fresh name or governorship aspirant to the 1st Defendant when the Plaintiff is still alive and has not withdrawn his candidacy for the governorship election of Bayelsa State, pending the determination of the suit.”

And in the alternative, “an order of interim injunction mandating the Defendants, whether by themselves, their servants, agents, privies or howsoever called to publish the name of the plaintiff as an aspirant for the November 19, 2011 governorship primaries in Bayelsa State or any governorship primary election schedule for Bayelsa State, on any date which the Defendants may choose pending the determination of the substantive suit.

Though the judge presiding over the matter, Justice Gabriel Kolawole, yesterday, declined to grant all the reliefs sought without first hearing from the defendants, he however warned that the court would not hesitate in either granting the said orders in the way and manner as couched or grant the alternative prayer, should the 2nd and 3rd defendants, fail to show reasonable or just cause why the orders shall not be made.

The judge said: “After reading the affidavit in support of the application sworn to by Imoh Udoh Tommy, together with exhibits attached thereto and filed at this court registry, and after listening to counsel for the plaintiff, it is hereby ordered as follows: that the instant motion exparte is not refused, but the defendants shall be put on notice of same and they shall within 72 hours of being served with the said motion on notice, show cause why the plaintiff shall not be entitled to the preservatory orders as the said prayers 1-3 on the motion ex-parte seek.”

Sanctity of court processes

“That in the event, perhaps, unlikely that the 2nd defendant in defiance of these orders, takes steps which may be prejudicial, perhaps subversive of these orders and of these proceedings before the return day which I have fixed at November 22, this court will without much ado, proceed to making such necessary orders to nullify such steps or decisions taken once they are served with the processes and/or orders made herein in order to uphold and protect the sanctity of the court’s processes and to vindicate the integrity of the court as the established constitutional arbiter between the state and the citizens and between the citizens inter se.

“That the originating summons together with the motion on notice and the certified true copy of the enrollment of these orders made herein shall be served on the defendants, the 2nd and 3rd defendants in particular, shall within 72 hours of such service, show cause why the plaintiff shall not be entitled to have the orders sought by his motion ex-parte dated and filed on November 14, granted in his favour. “That the further consideration of this matter is hereby adjourned to November 22, 2011.”

Before making the order, Justice Kolawole maintained that the era when leaders of political parties played god in affairs leading to the emergence of candidates to represent the party at general elections are over owing to the amendments effected in the Electoral Act. Consequently, he warned that any act of a political party that breaches the Electoral Act or the 1999 Constitution of Nigeria as amended, would amount to a nullity in the eyes of the law.

In the affidavit in support of his case, Sylva averred that at the January 12, 2011 primary of the party “his candidacy was well received throughout the length and breadth of the State, consequently, he won the primary election conducted in Bayelsa State by the 2nd Defendant amongst the candidates who signified their intention and contested with him on 12th January, 2011. A copy of the result of the primary election, the letter of the appointment of Electoral Panel dated 8th January, 2011 and the report of the Electoral Panel of 10th January, 2011 are hereto attached and marked as “Exhibit H series”.

PDP has not received any Court Order —Alkali

Meanwhile, the National Leadership of the PDP has denied receiving the Court Order, but stressed that if it gets to the Party, as a law abiding institution, it was prepared to defend its actions. Answering questions from Journalists yesterday, the PDP national Legal Adviser, Chief Olusola Oke said, “we have not received the Order, but if actually it is a court order and we receive it, we are prepared to defend our action in court. 

I was told, but I have not seen it, if however it is true that the party has been dragged to court, we are ready to defend our position that some aspirants have been cleared and would be participating in the primary election while others were not cleared. We are a law abiding institution, we will necessarily step in if and when we are served with the process.”

Says Bayelsa Primary election will hold

National Publicity Secretary of the Peoples Democratic Party, PDP, Professor Rufai Ahmed Alkali also yesterday reiterated that the PDP was yet to receive any court injunction restraining it from conducting the Bayelsa State primaries. Alkali who said that the party has no plans to postpone Saturday’s primary election, stressed that arrangements have been concluded for it to take place.

Alkali said in a statement: “We have been receiving calls from our members and supporters nationwide over a purported court injunction restraining us from conducting primaries for the forthcoming gubernatorial election in Bayelsa. For the avoidance of any doubt, the PDP has not been served any court order invalidating the exercise. Rumours of any court injunction therefore exist only in the fertile imagination of mischief makers who are bent on undermining the unity and cohesion of the Party in Bayelsa State. 

The National Working Committee (NWC) of the Peoples Democratic Party therefore wishes to inform all Party members, particularly all aspirants and stakeholders in Bayelsa State that the primaries to select the Gubernatorial Candidate of the PDP for Bayelsa State shall hold as earlier scheduled on November 19, 2011.”

PDP gives clearance certificates to cleared aspirants

Ahead of Saturday’s primaries the leadership of the party, yesterday, gave a very tall order to the cleared aspirants that there must be no violence during the process of electing the party’s candidate. Presenting clearance Certificates to the seven cleared aspirants yesterday, the National Organising Secretary of PDP, Prince Uche Secondus warned that it has become imperative that the aspirants, members of the party, stakeholders play the game in line with the rules against the backdrop that the leader of Party and President of the Country, President Goodluck Jonathan comes from Bayelsa State.

Secondus said: “Everyone must obey the rules of the game, there must be due process, we must not witness violence. The leader of the party is from Bayelsa State and the state must set the pace.”

We will not lose governorship election in Bayelsa —PDP

The Peoples Democratic Party, PDP, chapter in Bayelsa State, yesterday, allayed fears in some circles that the party will lose the next Governorship election in Bayelsa State as a result of the acrimony attending the clearance of aspirants for the November 19, Party Primaries. Speaking at a press conference in Abuja yesterday, the State Chairman, Mr. James Dago stated that the party was fully prepared for the election and that the people had expressed their readiness to ensure that PDP was returned to the Government House in Yenagoa.

He said: “In Bayelsa, there is only PDP and other political parties and any day, anytime, we go into contest, the PDP will always win the elections,” noting “it is regrettable to hear people lie and try to drag my name into a baseless and spurious accusation by a few disgruntled trouble makers in the party that there was no ward congress delegates election in our state on the 14th November 2011.”

Source: Vanguard News