Aondoakaa drags APC, Ali to court over Benue State governorship primary

The All Progressives Congress, APC, Rev. Fr. Hyacinth Iormem Alia and the Independent National Electoral Commission, INEC have been taken to court by the former Attorney General of the Federation and Minister of Justice, Chief Michael Aondoakaa, SAN, who is a Governorship aspirant on platform of APC over the conduct of the party’s Governorship Primary in Benue State.

In a suit marked: FHC/ABJ/CS/877/2022 before the federal High Court Abuja, with determination sought on APC, Alia and INEC as 1st, 2nd and 3rd defendants respectively on six grounds;

i. That Sections 29 (1), 82(1) and (5), 84 (1) AND (2) of the Electoral Act, 2022 and Articles 20.3 and 20.4 of the Constitution of the All Progressives Congress (as amended March, 2022) which imposes obligation on the 1st Defendant to conduct primary elections for the purpose of nominating its candidate for Governorship elections in Benue State, whether the 1st Defendant conducted the said primaries for election of Governorship in accordance with the provisions of the Electoral Act, 2022, the Independent National Electoral Commission’s Regulations and Guidelines For Political Party Operations, 2022 and the Constitution of the 1st Defendant?

ii. Whether in the Light of the Provisions of Sections 29 (1), 82(1) and (5), 84 (1) AND (2) of the Electoral Act, 2022, the 1st Defendant can validly conduct a subsequent rerun Primaries for Election of Governorship Candidate in Benue State when the earlier one had not been conducted in accordance with the law?

iii. Whether having regard to the provisions of Sections 77 (2) and (3) and 84 (13) of the Electoral Act can the 1st Defendant who has failed to conduct Primaries in accordance with the Provisions of the Constitution and the Electoral Act validly nominate the 2nd Defendant as a Candidate for Governorship Election in Benue State and can the 3rd Defendant accept the 2nd Defendant as a Candidate having regards to the Provisions of the Law.

iv. Whether having regard to the provisions of Section 6 (b) of the Code of Conduct Bureau and Tribunal Act, the 2nd Defendant can validly contest and be declared as Winner of the 1st Defendant’s Benue State gubernatorial Primary Election while being an ordained minister of the Holy Catholic and Apostolic Church and member of the Presbyterium of the Catholic Diocese of Gboko and fully engaged as a Minister in the employment and/or service of the Catholic Church?

v. Whether the 1st Defendant who has failed to conduct its primary election in accordance with the provisions of the Electoral Act, 2022 and its own Constitution validly field the 2nd Defendant as its candidate to fly its flag at the gubernatorial election for Benue State in the 2023 General Elections?

vi. Whether the 2nd Defendant is qualified to contest the Governorship Primaries in Benue State having not been a registered member of the 1st Defendant from the 1st Defendant’s membership Register submitted to the 3rd Defendant pursuant to Section 77 (3) of the Electoral Act, 2022?

In an originating summons filed through his lawyer, Chiesonu I. Okpoko, SAN, Aondoakaa is asking the court to determine the following reliefs as obtained from his Governorship Campaign Organization in Makurdi, the Benue State capital:

1. A DECLARATION of the Court that pursuant to the Provisions of the Electoral Act and the Constitution of the 1st Defendant, the 1st Defendant has failed or neglected or refused to conduct a Primary election for the emergence of its gubernatorial candidate in Benue State for the 2023 Governorship elections in compliance with the provisions of the said Electoral Act and the Constitution of the 1st Defendant.

2. A DECLARATION that by virtue of the non-compliance of the 1st Defendant with the provisions of the Electoral Act, 2022 and the Constitution of the 1st Defendant in the conduct of the said 1st Defendant’s primary election process in Benue State for the emergence of its gubernatorial candidate for the 11th March, 2023 gubernatorial election, the 2nd Defendant is not a candidate at the said 11th march, 2023 gubernatorial election or at any subsequent or prior rescheduled date.

3. To declare as null, void and of no effect whatsoever the Benue State APC Governorship Primaries allegedly conducted on the 26th May, 2022 for non compliance with the provisions of the law, and a further declaration that the Summary Result Sheet of the Benue State APC Governorship Primary election dated 28th May, 2022 is a null, void and of no effect whatsoever.

4. A declaration that the Plaintiff was not given an equal opportunity to participate in the said Benue State APC Governorship Primary Election.

5. A declaration that the “Revised APC Timetable for 2023 Primary Elections” issued by APC National Working Committee (NWC) on the 18th May, 2022 and reaffirmed by the 1st Defendant in it’s Notices of 23rd and 24th May, 2022 for conduct of all APC Governorship Primary Election remain valid and in force.

6. A declaration that the elected State Delegates remain the only valid voters to participate in the said election of governorship candidate at the 1st Defendant’s Primaries in Benue State.

7. A declaration that no APC Governorship Primaries was conducted on the 26th, 27th, 28th May, 2022 and or 8th and 9th June, 2022 in Benue State in accordance with the law and the APC Constitution (as amended March, 2022)

8. A declaration that the purported result issued on the 28th May, 2022 is a nullity on the grounds that a total number of State delegates in Benue State in the 276 Wards do not and/or cannot amount to the results ascribed on the sheet. The total number of State Delegates who can validly elect a Governorship candidate is 1,380.

9. An ORDER, directing a fresh conduct of Benue State APC Governorship Primaries in accordance with the APC National Working Committee (NWC) dated 18th May, 2022 and Revised Notices of 23rd and 24th May, 2022 by State Delegates election (Indirect Primary method)

10. A DECLARATION that the 1st Defendant is duty bound in contract to commence and conclude primary election in Benue State in accordance with the provisions of the Electoral Act, 2022 and the Constitution of the 1st Defendant after having demanded and received the sum of N50,000,000.00 (Fifty Million Naira) only from the Plaintiff, along with other Aspirants.

11. A DECLARATION that the 2nd Defendant is not qualified to vote, contest and/or be declared as the Winner of the 1st Defendant’s Benue State gubernatorial primary election, he not been a member of the 1st Defendant and his name not been contained in the List of 1st Defendant’s membership Register submitted to the 3rd Defendant in the said Primary election.

12. A DECLARATION that the 2nd Defendant cannot validly contest and be declared as Winner of the 1st Defendant’s Benue State gubernatorial Primary Election while being an ordained minister of the Holy Catholic and Apostolic Church and member of the Presbyterium of the Catholic Diocese of Gboko and fully engaged as a Minister in the employment and or service of the Catholic Church having regard to the provision of Section 6 (b) of the Code of Conduct Bureau and Tribunal Act LFN 2004 (as amended) which prohibits the 2nd Defendant from holding office as Governor and being in the employment or service of the Catholic Church at the same time.

13. A PERPETUAL INJUNCTION restraining the 2nd Defendant from howsoever holding out or carrying on or parading himself as the gubernatorial candidate of the 1st Defendant for the scheduled 11th March, 2023 gubernatorial election in Benue State.

14. MANDATORY INJUNCTION compelling the 1st Defendant to conduct another Primary election for the nomination of the 1st Defendant’s Flag Bearer for the 2023 gubernatorial election in Benue State.

15. AN ORDER directing the 1st Defendant to pay the Plaintiff the sum of N50,000,000.00 (Fifty Million Naira) being refund of payment made by the Plaintiff to the 1st Defendant for the expression of interest form and nomination form, upon total failure of consideration.

16. The sum of N100,000,000.00 (One Hundred Million Naira) only, payable by the 1st Defendant being exemplary and general damages for its breach of contract to commence and conclude primary election and/or breach of Section 84 Act, 2022 and the Constitution of the 1st Defendant.

17. SUCH CONSEQUENTIAL ORDER OR ORDERS as the circumstances may warrant and as the Honourable Court may deem fit at the time of delivery of judgment for appropriate remedy for the Plaintiff.

It is hoped that preliminary hearing of the case would be determined soon and in good record time.