Court to Decide Legality of PDP Zoning on July 24

Tobi Soniyi 

An Abuja High Court will on July 24 deliver judgment in a suit urging it to declare unconstitutional, the zoning policy of the ruling Peoples Democratic Party (PDP).

Justice Abubakar Umar fixed the date yesterday after listening to arguments from plaintiff’s lawyer, Victor Iyanam, who argued that the policy was not only discriminatory, it equally negated the constitutionally guaranteed right of any Nigerian citizen to contest election without being discriminated against, regardless of his place of birth.

Although the sole defendant,  the PDP, only filed a notice of conditional appearance, but was yet to respond to the originating summons as at yesterday, the judge elected to entertain plaintiff’s arguments in relation to the substantive suit in view of the urgency involved in the case.

The judge, in electing to hear the substantive suit, agreed with Iyanam’s argument that time was of the essence.

Iyanam had equally argued that since the court would proceed on its annual vacation in August, if the main suit was not heard, the rest- which was the party’s governorship primary in Akwa Ibom, slated for September - would have been destroyed before the court resumes later in the year.

Leo Ekpenyong a PDP governorship aspirant in Akwa-Ibom State stated in a supporting affidavit that the suit was informed by a  publication by the state chapter of the party  that it had zoned the governorship position to Eket senatorial district of the state.

Ekpenyong said he was a member of the PDP, an indigene of the state from Etinan Local Government Area, in Uyo senatorial district.

He contended that the party, by the publication which it said formed the communique from its State's Executive Committee (SEC) meeting of April 22, was determined to discriminate against him and frustrate him in his aspiration for the governorship position.

He stated that the party's indicated that its decision to zone the position to Eket senatorial district did not preclude other aspirants from other districts from pursuing the aspirations, which was insufficient to assuage the disadvantage the party's publication has placed his aspiration in the context of the state' governorship primary election.

The plaintiff urged the court to decide whether he or any other aspirant to the governorship position in the state could be excluded from contesting the party's forthcoming primary elections or placed at any disadvantage on account of his senatorial district, local government or ethnicity.

He also wants the court to decide whether the resolution of the state chapter of the party, published in The Nation newspaper was not unconstitutional, null and void.

In resolving the questions, the plaintiff wants the court to declare that he or any aspirant to the governorship position in the state cannot be excluded from the primary elections or placed at any disadvantage on account of his senatorial district, local government or ethnicity.

He also sought a declaration that the state PDP's resolution, published in the newspaper on April 24 was unconstitutional, null and void.

Ekpenyong argued that the fact that the zoning policy was contained in the PDP's constitution, is unhelpful to the position taken by the PDP in Akwa Ibom because such policy violates the provisions of sections 14(2) (a), 15(2), 42(2), 42 (2) of the country's Constitution and Section 87 of the Electoral Act.

He contended that in view of the various constitutional provisions against discriminatory practices by political parties, the PDP in the state or any other party "has no choice but to maintain the principle of equality of opportunity for all aspirants regardless of where he comes from in the state."

The plaintiff noted that the PDP constitution did not recognise bodies like "Town Hall meetings, the Body of Chapter Chairmen, the Body of Local Government Chairmen/Vice-Chairmen," among others, listed as having endorsed the communique published by the party in the state.