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The tussle over who
is the PDP’s authentic candidate took another dimension recently when
Justice Gabriel Kolawole, of the Federal High Court, Abuja, upheld the
nomination of Peter Yohanna as the chairmanship candidate of the
Peoples Democratic Party (PDP) for Bwari Area Council in the Federal
Capital Territory (FCT).

This judgement
thereby restrains the Independent National Electoral Commission (INEC)
from effecting the substitution of Mr. Yohanna’s name with that of Musa
Dikko’s as the PDP candidate in the election slated for April 10, 2010.

History of the case

In a motion dated
March 16, 2010, Sunday Ameh, counsel to Mr. Yohanna, applied for an
order of prohibition restraining INEC and its resident electoral
commissioner from removing Mr. Yohanna’s name as the PDP’s candidate
for the April 10 elections, as he won the primary elections and his
party submitted his name as its candidate to INEC.

Mr. Ameh also asked
for an order of certiorari quashing the INEC’s list of nominated
candidates, in which Mr. Dikko was reflected as the PDP candidate.

Justice Kolawole
granted the orders, saying that INEC and its resident electoral
commissioner, had not shown cause why the order should not be granted.

Mr. Yohanna told
the court that he contested the PDP primaries for Bwari Area Council
chairman election with Mr. Dikko and other applicants, but won the
primary election by the result declared on November 21, 2009, while Mr.
Dikko came second. His name was subsequently forwarded by the state
chairman of PDP to INEC as the party’s candidate for the election. When
INEC recieved his nomination, the organisation published his personal
particulars at its Bwari office and at its FCT headquarters.

However, Mr.
Yohanna testified that on February 8, 2010, to his shock and surprise,
he learned his name was substituted with Mr. Dikko’s by a letter
written by the FCT Chairman of the PDP, and signed by the party’s
national legal adviser, Chief Olusola Oke, to INEC’s resident electoral
commissioner. Mr. Yohanna said he immediately protested the act, as
there was no reason for it.

On March 1, the
PDP’s national chairman, Vincent Ogbaulafor, reversed the substitution
in a letter addressed to INEC chairman, Maurice Iwu. Mr. Yohanna
accused INEC’s FCT resident electoral commissioner of ignoring the
letter and its directives.

Final judgement

Giving judgment in
the case, Justice Kolawole held that the substitution cannot stand in
the face of section 34 of the Electoral Act 2006.

The court noted
that the PDP substituted the plaintiff, Mr. Yohanna, as a result of
various allegations against him, but later cleared him after the party
conducted a thorough investigation and re-affirmed his candidacy.

Accordingly, the
PDP’s letter of February 1st, 2010, disqualifying Mr. Yohanna and
replacing him with Mr. Dikko was quashed by the court. The court upheld
Mr. Ogbulafor’s letter which cleared Mr. Yohanna of all the allegations
against him.

Justice Kolawole
banned Mr. Dikko from parading himself as the PDP candidate, and barred
INEC from further recognising him as the PDP’s flag bearer.

Finally, the court dismissed all the allegations brought against Mr.
Yohanna by Mr. Dikko in his counter-affidavit, which accused Mr.
Yohanna of failing to call witnesses.