Valentine Ayika, member representing Anaocha/Dunukofia/Njikoka Federal Constituency in Anambra State, has told the Election Petitions Tribunal sitting in Awka that there was no ambiguity over his being candidate of the People’s Democratic Party (PDP) in the Februay 23 elections.
Ayika made the submission in his defence at the closing of the petition against him in Awka.
Dozie Nwankwo, candidate of the All Progressives Grand Alliance (APGA), is challenging the victory of Ayika on the grounds that PDP did not sponsor him and that INEC did not publish his name as PDP candidate.
Nwankwo in petition marked EPT/AN/HR/07/2019 with Independent National Electoral Commission (INEC) and PDP as co-defendants said INEC declared PDP winner and not the candidate.
Ayika, who was led in evidence by his counsel, Ikechukwu Ezechukwu, said he bought expression of interest form, nomination form, contested the PDP primary election and scored 252 votes to emerge flag bearer.
He said his party submitted his name alongside all other candidates who won primary election Anambra on October 18 and started his campaigns when INEC lifted ban in it sometime in November 2018.
Ayika tendered documents including PDP membership card, result of PDP primary election, letter of PDP instructing INEC to recognise him as its candidate, report of PDP primary election panel among others.
The Rep member told the tribunal that though there was petition against his nomination by Richard Egenti, a PDP aspirant but that Supreme Court had ruled on February 11 that the petitioner was not the candidate PDP.
It would be recalled Egenti had sued PDP and INEC claiming that he won the primary.
Ayika tendered a letter from the national headquarters of PDP urging INEC to continue to recognise him as its candidate for Anaocha/Dunukofia/Njikoka Federal Constituency as earlier submitted to the commission in the election in question.
Ayika said upon noticing that his name was not included in the list of candidates, he went to INEC head of Legal Department who told him that he should sort out issue with his party.
He further said he met the PDP National Organising Secretary who said directed that a letter should be written to INEC asking the commission to continue recognise him as the candidate.
He said PDP wrote the letter on January 22, five days after the deadline for submission names, which elapsed on January 17.
The star witness who said he started campaign in November 2018 up till February 14 before continuing after the election was postponed and concluded on February 21, in line with the Electoral Act.
Counsel to Nwankwo, J.O. Olatoke argued that neither Ayika of the PDP filed an action against the non-inclusion of Ayika’s name in the final list used for the election.
Olatoke further pointed out that Ayika was not mentioned the Supreme Court judgment which the witness said his name could not have been mentioned because he was not a party in the suit.
Ayika said he did not file any action on it because the matter was already at the Supreme Court adding that there was no other court he could go to on the same matter.
The petitioner’s counsel told journalists after the session that PDP did not contest the election, as it had no candidate as at the time of the election.
He said INEC did not put any candidate’s name in the column of PDP, which contained court order party yet to submit name of candidate.
But Ezechukwu, counsel to Ayika said only political parties had the prerogative to say who its candidate is for any election which it had rightly done and defended in the tribunal.
He said the APGA had non-locus to tell PDP who its candidate should be as it was internal to it.
Three other witnesses testified for Ayika during the session.
Justice Esther Haruna, chairman if the tribunal rule that the defendants to file their final written addresses on or before July 25 while the petitioner should respond on or before August 1.
Haruna adjourned the case August 3 for adoption of written addresses.
