Wike drags Atiku, PDP, INEC to court, says Tambuwal's withdrawal illegal

Wike drags Atiku, PDP, INEC to court, says Tambuwal’s withdrawal illegal

Rivers State Governor, Nyesom Wike, has dragged the Peoples Democratic Party (PDP) and its presidential candidate, Atiku Abubakar, to court over manipulation of the party’s presidential primary election.

Other respondents in the suit are the Sokoto State Governor, Aminu Tambuwal, and the Independent National Electoral Commission (INEC).

Wike and a PDP chieftain, Newgent Ekamon, as plaintiffs, prayed the court to recognise the governor as the rightful candidate of the PDP because of Tambuwal’s withdrawal while voting had commenced.

In the originating summons with suit marked FHC/ABJ/CS/782/2022, the PDP is listed as the first respondent while INEC is the 2nd respondent.

Tambuwal and Atiku are listed as the 3rd and 4th respondents respectively.

The Star had reported that during the PDP presidential primary, Tambuwal stepped down for Atiku, urging his supporters to vote for the former Vice-President.

Atiku won the primaries with 371 votes, while Wike and former Senate President, Bukola Saraki, garnered 237 and 70 votes, respectively.

After the convention, the PDP National Chairman, Iyorchia Ayu, described Tambuwal as the “hero of the convention” which did not go well with Wike and his loyalists.

In the originating summons, Wike and his co-applicant asked the court to determine eight issues including whether the purported transfer of Tambuwal’s votes to Atiku by the PDP was illegal and void.

They want the court to determine whether Tambuwal “having stepped down during the primaries ought to lose his votes.”

Wike and Ekamon argued that should these issues be determined in their favour, the court should grant nine reliefs including a declaration that the purported transfer of Tambuwal’s votes to Atiku be declared null and void.

They are also seeking a declaration that the PDP acted negligently and in bad faith by assigning the Sokoto governor’s votes to Atiku at the primary.

They prayed the court to “cancel the transfer of votes and a corresponding order restraining the 3rd respondent (Tambuwal’s) withdrawal in the primary was done after voting had commenced.”

The applicants also prayed the court to declare that the PDP and Atiku took undue advantage of Tambuwal’s withdrawal when they allowed the Sokoto governor to persuade delegates to vote for the former Vice-President in the primary.

Wike and Ekamon asked the court to order INEC to reject or remove Atiku from “its list of candidates in the 2023 presidential election”.

They are also seeking an order commanding the PDP to recount the votes of the primary that was held on May 28 and May 29.

The applicants are also seeking an order of the court “directing the 1st respondent (PDP) to declare the 2nd applicant (Wike), a presidential aspirant in the May 28 and May 29 primary as the winner of the aforesaid primary with a corresponding order directing the 1st respondent (PDP) to forward his name as the candidate to contest the presidential election in 2023.”

In a supporting affidavit he deposed to, Ekamon noted that he was a member of the PDP and attested to the fact that Wike won the PDP presidential primary election.

He maintained that Tambuwal withdrew from the contest after voting had commenced and directed that his votes be assigned to Atiku.

“The third respondent (Tambuwal) speaking twice before stepping down from the contest, persuaded all his delegates who were going to vote for him to vote for the 4th respondent (Atiku).

“The 1st (PDP) and 4th (Atiku) respondents who also wanted the votes desperately agreed with the 3rd (Tambuwal) and assigned 3rd (Tambuwal) respondent’s votes to the 4th (Atiku) respondent and increased his votes to win the 2nd applicant (Wike).

“The 2nd applicant (Wike) won the primaries if the votes of the 3rd respondent (Tambuwal) had not been transferred or assigned to the 4th respondent (Atiku).

It was learnt that the court processes had been served on the PDP at its Wadata Plaza headquarters located at Wuse Zone 5 while a copy had also been served to Atiku’s Campaign office in Maitama and the Sokoto State Government’s Liaison Office by the court bailiff.

Wike has been at loggerheads with the PDP, Atiku and his former ally, Tambuwal since his defeat in the presidential primary and failure to pick him as a running mate to Atiku.

Wike and his associates have reportedly demanded the resignation of the PDP national chairman as a condition for them to campaign for Atiku.

They argued that the all top positions in the party are being occupied by northerners and Ayu, who is from the North-Central must resign as a concession to the South.

However, Ayu has maintained that he would only resign after Atiku emerges the winner of the 2023 presidential election.

The PDP National Publicity Secretary, Debo Ologunagba, said he was unaware of the case and thus could not comment on it.

Atiku’s Spokesman, Paul Ibe, said his principal had not yet been served and could not say anything on the matter.

“We are not aware of the case and have not been served. When we are served, we will respond appropriately. However, the response will be done in the proper manner and not through the media,” Ibe said.

Efforts to reach Wike and his co-plaintiff to speak on the development proved abortive.

The Star

Aminu Adamu Naganye