A Federal Capital Territory, FCT, High Court, in Maitama, on Friday, has declared a former Minister of Information, Jerry Gana, the winner of the Presidential primary election of the Social Democratic Party, SDP, conducted on October 6.
The party had declared a former Governor of Cross River State, Donald Duke, the winner of the election, and its flag bearer for the 2019 Presidential election.
The party had stated that Duke polled 812 votes, while Gana had 611.
However, Mr. Gana went to court, seeking to be declared the winner, in line with the zoning and rotation formula of the party’s constitution.
In his judgment, Justice Hussein Baba-Yusuf, held that the regulations contained in the party’s constitution were binding on every member, and must be obeyed.
He held that the zoning and rotation formula as contained in the party’s constitution, stipulated that both the Chairman of the party and the flag bearer, should not come from the same zone.
“In this instance, the party Chairman, Chief Olu Falae, is from the South and Duke is from the South too; the law is clear; there is nothing to write in-between.
“The law has crystallised that political parties should abide by the regulations which they have made by themselves.
“The claimant laid sufficient evidence to have the judgment in his favour; it is a clear violation of the party’s constitution; the court cannot wave right over illegality”, he held.
The Judge therefore, declared Gana the winner of the SDP Presidential primary election, conducted on October 6.
He also declared Mr. Duke’s 812 votes null and void, and ordered the SDP to forward Gana’s name to the Independent National Electoral Commission, INEC, as the party’s flag bearer for the 2019 Presidential election.
In addition, he ordered that Mr. Duke stops parading himself as the party’s flag bearer for the election.