The People’s Democratic Party, its presidential candidate, Atiku Abubakar, and Sokoto state governor Aminu Tambuwal have asked a federal supreme court in Abuja to dismiss a lawsuit allegedly filed by Rivers State Governor Nyesom Wike, in which the The party’s latest presidential elections are being contested. .

Atiku, PDP and Tambuwal told the court that Wike’s lawsuit was “frivolous, baseless, unwarranted and unknown to the law”.

A copy of the court trials was obtained by journalists on Wednesday.

The three defendants in their joint objection to the suit based their objections on four cardinal grounds.

Part of the objections filed on their behalf by Ayo Kunle Ajibade (SAN) was that the immediate charge as filed was not known to the law and was not identifiable in any pre-election matter.

They alleged that the first plaintiff, Michael Newgent Ekamon, who did not participate in the primaries held by the PDP National Executive Committee, did not have the requisite legal standing to file this lawsuit.

Atiku, PDP and Tambuwal have further indicated that the claim brought by the applicants does not fall within the scope of Article 84 of the Elections Act and as such does not qualify as a primary election dispute.

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The fourth ground was that the immediate charge was not initiated by law.

They therefore requested an injunction from the court to quash or dismiss the claim in its entirety for lack of jurisdiction.

Wike allegedly sued the PDP, Atiku and Tambuwal over the conduct of the party’s presidential primaries held in Abuja on May 28-29, 2022.

In the lawsuit designated FHC/ABJ/CS/782/2022, Wike and the head of the PDP, Newgent Ekamon, were the two plaintiffs.

In the preliminary subpoena, PDP was listed as the first respondent, while the Independent National Electoral Commission is the second respondent.

Tambuwal and Atiku were listed as 3rd and 4th respondents respectively.

In the original subpoena, Wike and his co-applicant asked the court to determine eight issues, including whether the PDP’s alleged transfer of Tambuwal’s votes to Atiku was illegal and void.

The plaintiffs asked the court to determine whether Tambuwal lost his right to vote the moment he stepped down for Atiku.

He asked the court to determine whether Tambuwal “should lose his votes after stepping down in the primaries”.

Wike and Ekamon argued that if these issues were decided in their favor, the court should grant nine waivers, including a statement that the alleged transfer of Tambuwal’s votes to Atiku would be annulled.

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The plaintiffs also demand a statement that the PDP acted negligently and in bad faith by allocating the votes of the governor of Sokoto to Atiku in the primary.

They prayed that the court “cancel the transfer of votes and a corresponding order to ban the withdrawal of the third respondent (Tambuwal’s) in the primary was made after the vote had started.”

The petitioners also begged the court to declare that the PDP and Atiku unlawfully abused Tambuwal’s withdrawal when they allowed the governor of Sokoto to persuade deputies to vote for the former vice president in the primary.

Wike and Ekamon asked the court to order INEC to reject or remove Atiku from “its list of candidates for the 2023 presidential election.”

They are also asking for an order for the PDP to recount the votes of the primaries held on May 28 and 29.

The Petitioners are seeking an injunction from the court “ordering the 1st Defendant (PDP) to declare the 2nd Petitioner (Wike), a presidential aspirant in the May 28 and 29 primaries, the winner of the aforesaid primaries with a corresponding order requiring the 1st Respondent (PDP) to submit his name as a candidate for the presidential election in 2023.”

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In a supportive affidavit he made, Ekamon noted that he was a member of the PDP and testified that Wike won the presidential election.

He claimed that Tambuwal withdrew from the contest after the vote started and ordered that his votes be assigned to Atiku.

“The third respondent (Tambuwal) who spoke twice before stepping out of the contest convinced all his deputies who would vote for him to vote for the 4th respondent (Atiku).

“The 1st (PDP) and 4th (Atiku) respondents who also wanted the votes desperately agreed with the 3rd (Tambuwal) and assigned the votes of the 3rd (Tambuwal) respodnent to the 4th (Atiku) respondent and increased his vote to win the 2nd applicant ( Wike).

“The 2nd applicant (Wike) won the primaries if the votes of the 3rd respondent (Tambuwal) were not transferred or allocated to the 4th respondent (Atiku).

Meanwhile, the hearing in the trial has been set for September 14 by Judge Ahmed Ramat Mohammed.

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