Nigeria Content Online

The issue of zoning
within the People Democratic Party (PDP), may not yet be over as an
Abuja High Court yesterday, fixed January 4, 2011 to hear the
preliminary objection in a fresh suit filed by some members of the
party.

The suit is seeking
an order of the court to stop the Independent National Electoral
Commission (INEC) from accepting President Goodluck Jonathan as PDP’s
presidential candidate for the 2011 presidential election.

Yahaya Kwande,
Dubem Onyia and Lawal Kaita, in an affidavit in support of their
motion, said they are card carrying and financial members of the party
and asked the court to restrain PDP and its national chairman,
Okwesileze Nwodo from presenting President Jonathan as their candidate
for the said election.

Defendants are PDP National Chairman, Okwesileze Nwodo, Mr. Jonathan and the Independent National Electoral Commission (INEC).

Specifically, they
said according to sections 13 and 15(a), (c) and (f) of the 3rd
schedule of the country’s constitution of 1999, section 86(1) and (2)
and 67(9) and (10) of the Electoral Act, 2010, INEC is bound to compel
PDP to comply with the provisions of Article 7.2(c) of its
constitution, 2009 as recently amended.

They also want the
court to declare that by virtue of the provisions of sections 14(3) and
223(2)(b) of the 1999 constitution, section 87(9) and (10) of the
Electoral Act 2010 and Articles 2and 7.2 (c) of PDP’s constitution and
the resolution of the National Caucus of the party reached on December
2, 2002, President Jonathan, not being a northerner cannot contest the
2011 presidential election on PDP’s platform.

No to Jonathan

Furthermore, they
are asking the court to declare that PDP is bound to allow a candidate
from the Northern geo-political zone to contest for presidency in 2011
presidential election so as to complete the Zone’s eight years slot in
producing candidate for the election into the office of the president,
adding that the National Working Committee of the party cannot by its
decision override the resolution of the National Caucus which is a
superior organ to it, in the party’s hierarchy.

“The resolution of
the National Caucus of the 1st Defendant of December 2, 2002, the 4th
Defendant is bound to reject any candidate presented by the 1st
Defendant including the 3rd Defendant in contravention of and total
disregard to the provision of Article 7.2(c) of the 1st Defendant’s
Constitution”, the plaintiffs want the court to declare.

In a 35-paragraph
affidavit in support of the plaintiff’s amended charge and deposed to
by one of the plaintiffs, Dubem Onyia, the plaintiffs averred that late
President Yar’adua, from the North West geopolitical zone became
president in May 2007 on the platform of the PDP,

pursuant to a
binding zoning arrangement of the PDP which is consistent with the
federal character policy entrenched in sections 14(3) and 223(2)(b) of
the constitution.

They added that any attempt by Mr Jonathan to contest the position
of the president under the platform of the PDP will make nonsense of
the federal character principle, noting also that the president is
using the power of incumbency to subdue and influence party leaders to
upturn the resolution reached by the party on December 2, 2002.