Wike and a PDP chieftain, Newgent Ekamon, are named as plaintiffs in the FHC/ABJ/CS/782/2022 suit. The PDP is listed as the first respondent in the originating summons, while the Independent National Electoral Commission is listed as the second respondent. Tambuwal and Atiku are the third and fourth respondents, respectively.
During the PDP presidential primary, when aspirants were asked to address delegates, Tambuwal had asked them to vote for him only to return moments later to ask them to vote for Atiku.
Atiku received 371 votes in the primary, while Wike and Bukola Saraki received 237 and 70 votes, respectively. Following the convention, PDP National Chairman Iyorchia Ayu referred to Tambuwal as the "hero of the convention."
Wike and his co-applicant asked the court to rule on eight issues, including whether the PDP's purported transfer of Tambuwal's votes to Atiku was illegal and void.
The plaintiffs asked the court to rule on whether Tambuwal lost his right to vote when he stepped down for Atiku.
He asked the court to rule on whether Tambuwal "ought to lose his votes because he stepped down during the primaries."
Wike and Ekamon argued that should these issues be determined in their favour, the court should grant nine reliefs including a declaration that the purported transfer of Tambuwal’s votes to Atiku be declared null and void.
The plaintiffs are also seeking a declaration that the PDP acted negligently and in bad faith by allocating the Sokoto governor's votes to Atiku during the primary.
They asked the court to "cancel the transfer of votes and a corresponding order restraining the 3rd respondent's (Tambuwal's) withdrawal in the primary after voting had begun."
The applicants also asked the court to rule that the PDP and Atiku took unfair advantage of Tambuwal's withdrawal by allowing the Sokoto governor to persuade delegates 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 in the 2023 presidential election."
They are also requesting an order compelling the PDP to recount the votes cast in the May 28 and May 29 primary.
Finally, the applicants are asking the court to issue an order "directing the first respondent (PDP) to declare the second applicant (Wike), a presidential aspirant in the May 28 and May 29 primary, as the winner of the aforesaid primary, with a corresponding order directing the first respondent (PDP) to forward his name as the candidate to contest the presidential election in 2023."
Ekamon stated in a supporting affidavit that he was a member of the PDP and attested to Wike winning the presidential election.
He maintained that Tambuwal withdrew from the contest after voting had commenced and directed that his votes be assigned to Atiku.
“The third respondent (Tambuwal) speaking twice before stepping down from the contest, persuaded all his delegates who were going to vote for him to vote for the 4th respondent (Atiku).
"The first (PDP) and fourth (Atiku) respondents who also desperately wanted the votes agreed with the third (Tambuwal) respondent and assigned the third (Tambuwal) respondent's votes to the fourth (Atiku) respondent and increased his votes to win the second applicant" (Wike).
"If the votes of the third respondent (Tambuwal) had not been transferred or assigned to the fourth respondent, the second applicant (Wike) would have won the primaries" (Atiku).
The PUNCH has learned that the court processes were served on the PDP at its Wadata Plaza headquarters in Wuse Zone 5, with a copy also delivered to Atiku's Maitama campaign office and the Sokoto State Government's Liaison Office by the court bailiff.
Wike has been at loggerheads with Atiku and Tambuwal since his defeat in the presidential primary.
Wike and his clique of governors have reportedly demanded the resignation of the PDP national chairman as a condition for them to campaign for Atiku. They argued that the all top positions in the party are being occupied by northerners and Ayu, who is from the North-Central must resign as a concession to the South.
However, Ayu has maintained that he would only resign after Atiku emerges the winner of the Presidential election next year.
When contacted on the telephone, the National Publicity Secretary of the PDP, Debo Ologunagba, said he was unaware of the case and thus could not comment on it.
“I’m just hearing about this case from you. I have not seen the process and thus cannot comment on it,” he said.
In addition, Atiku's spokesman, Paul Ibe, stated that his principal had not yet been served and thus could not comment.
"We are unaware of the situation and have not been served." We will respond appropriately when we are served. "However, the response will be done properly, not through the media," Ibe said.
Attempts to reach Wike on his cellphone were futile, as it indicated that the calls were being forwarded, despite the fact that he had yet to respond to a text message sent to his cellphone as of the time of filing this report on Thursday night.
Similarly, Mr. Kelvin Ebiri, the Governor's Special Assistant on Media, could not be reached because his phone was not connecting.
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