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Absence of Wike’s lawyer stalls hearing in suit challenging Atiku’s emergence as PDP presidential candidate

The suit filed by Governor Nyesom Wike and a chieftain of the Peoples Democratic Party (PDP), Newgent Ekamon, challenging the validity of the candidacy of Atiku Abubakar as PDP’s flag bearer in the 2023 general election suffered a setback on Wednesday, owing to the absence of Mr Wilfred Okoi, counsel to Rivers State Governor.

Okoi was at the Federal High Court sitting in Abuja, where the matter is being heard early in the day and was said to have suddenly developed a stomach problem and had to hurriedly leave the courtroom.

A PDP chieftain, Newgent Ekamon, who instituted the suit alongside Wike informed the trial Judge, Justice Ahmed Mohammed that the joint lawyer had to leave when his health challenges deteriorated and pleaded with the Judge to grant adjournment in view of the development.

PDP National Legal Adviser, Mr Adeyemi Kamaldeen Ajibade (SAN), along with other counsel in the matter did not object to the request for adjournment on the ground that anybody can fall sick at any time.

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Ajibade, however, reminded the court that the matter is a pre-election matter, which is time-bound

Justice Mohammed subsequently fixed October 7, 2023, for hearing of the suit.

Wike and the PDP chieftain had sued PDP, its presidential candidate Atiku Abubakar; Sokoto State Governor, Aminu Tambuwal, over the conduct of the presidential primary of the party held in Abuja on May 28 and May 29, 2022.

In the originating summons, PDP is listed as the first respondent while the Independent National Electoral Commission (INEC) is the 2nd respondent, with Tambuwal and Atiku as 3rd and 4th respondents respectively.

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

The plaintiffs asked the court to determine if Tambuwal lost his claim to votes the moment he stepped down for Atiku and that the court should also determine whether Tambuwal, “having stepped down during the primaries ought to lose his votes.”

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