The Court of Appeal sitting in Abuja, Thursday, affirmed the candidacy of former Cross River State, Governor, Donald Duke, as the presidential candidate of the Social Democratic Party (SDP).
Two weeks ago, a high court of the Federal Caoital Territory , voided the election of Duke and declared Prof. Jerry Gana the authentic presidential candidate of the party.
However, yesterday, a three man panel of the appellate court in a judgment delivered on the appeal filed by Duke reversed the judgement.
Duke had emerged the winnet at the SDP presidential primaries held on 6th, October 2018, where he secured 812 votes to Jerry Gana’s 611 votes.
But, Jerry Gana, citing breach of the SDP constitution had approached the trial court seeking to void the election of Duke.
In his ruling, the trial judge, Justice Baba Hussein-Yusuf of the FCT High Court had held that the emergence of the former Cross River State governor, as SDP’s presidential candidate violated the zoning and rotation formula provided in section 15(3) of the party’s constitution.
He subsequently recognised Gana as the authentic candidate of the SDP and accordingly ordered the Independent National Electoral Commission (INEC) to replace the name of Duke with Gana as the SDP flagbearer in the February 16, presidential election.
Not satisfied with the judgment of the trial court, Duke had approached the Court of Appeal seeking a redress.
The three-man panel of the appellete court, led by Justice Abdul Aboki, in a unanimous judgment held that the amended constitution of the party which Gana relied on was not ratified as at the time that the primaries that produced Duke was conducted.
The panel also held that any party constitution that allows for rotation and zoning is against the Nigerian constitution, and will disenfranchise citizens who have the right to vote and be voted for.
The court thereby held that the appeal has merit and it was allowed.
The court in the judgment ordered the INEC to immediately recognised Duke as the authentic candidate of the SDP in the February 16 presidential election.
It also awarded a cost of N500, 000 against Gana in favour of Duke, the SDP and the National Chairman of the party.
Felix Omohomhion, Abuja
