The Court of Appeal in Abuja has declared a former governor of Cross River State, Donald Duke, as the presidential candidate of the Social Democratic Party (SDP).
In a unanimous decision by a three-man panel led by Justice Abdul Aboki, the court set aside the December 14, 2018 judgment of the High Court of the Federal Capital Territory (FCT) which had declared Jerry Gana as the candidate of the party.
The three-man panel held that the application is illegal and unconstitutional, which ought not to have been entertained by the lower court.
The court held that Professor Jerry Gana’s position as the party’s candidate in section 18 of the party’s amended constitution contravenes the electoral acts’ stipulation for the validity of a candidate in any election.
The court also held that the amendment relied upon by professor Gana did not take effect until the 8th of October, two days after its ratification and the election of Mr Duke as the party’s candidate in line with section 222 of the Electoral Act.
Kommentare