Rivers State Governor Nyesom Wike has has filed a lawsuit against presidential candidate of the Peoples Democratic Party, PDP, Atiku Abubakar over the party’s ticket.
Wike and his co-plaintiff, Michael Ekamon sued Atiku and joined Sokoto State Governor, Aminu Tambuwal, the PDP, and the Independent National Electoral Commission, INEC on the matter.
In the suit marked FHC/ABJ/CS/782/2022, the applicants are challenging the outcome of the presidential primary of the party that was held in Abuja on May 28 and May 29, 2022.
During the PDP presidential primaries, Tambuwal had stepped down and asked delegates who wanted to vote for him, to instead vote for Atiku.
In the originating summons, Wike and his co-applicant asked the court to determine if Tambuwal lost his claim to votes and whether the purported transfer of Tambuwal’s votes to Atiku by the PDP was illegal and void.
The applicants 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.
Wike and Ekamon further 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 the former vice president took undue advantage of Tambuwal’s withdrawal when they allowed him to persuade delegates to vote for Atiku.
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 election.
Lastly, the applicants are 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.”