FOR alleged non-compliance with the provision of Section 85 of the Electoral Act 2010 (as amended), the Delta State chapter of the ruling Peoples Democratic Party (PDP) has instituted a legal action to challenge the eligibility of all the candidates of All Progressives Congress (APC), Accord Party, and Labour Party in the general elections in the state.

In three separate suits Nos. (FHC/ASB/CS/28/2015); (FHC/ASB/CS/29/2015); and (FHC/ASB/CS/30/2015), the Plaintiffs – PDP and its state chairman, Chief Edwin Uzor, contended that the respondents failed to meet the requirements of at least 21 days’ notice of primary election, congress, conference or meeting usually given to the Commission by parties which is mandatory and binding on the electoral umpire.

In the originating summons by Messrs Akinlolu Kehinde (SAN), Chika Onyemenam, Marcel Oru, Pamela Esiri, Peter Mrakpor, John Okonkwo and Habeeb Lawal filed at the Federal High Court sitting in Asaba, the PDP asked the court to disqualify the candidates of the three political parties standing for election in the state for violating sections 85(1) of the Electoral Acts, 2010 (as amended).

The plaintiffs argued that the three parties breached this constitutional provision having held their primaries less than 21 days after the notices they gave to the Independent National Electoral Commission (INEC) for the holding of their primaries to choose candidates for the 2015 election.

Joined as defendants in the suit are the INEC; APC governorship candidate, Olorogun Ortega Emerhor; his Labour Party counterpart, Chief  Great Ovedje Ogboru; Accord Party senatorial candidate for Delta North, Chief Victor Ochei; and 95 others.

In the originating summons dated March 17, this 2015, the ruling party is asking the court to determine whether the defendants did not violate “the requirement  of at least  twenty-one  (21) days” notice  of  primary election, convention, congress, conference  or meeting usually given to the 1st Defendant (INEC) by the 2nd Defendant  and other political parties in Nigeria is mandatory and binding.”