The Court of Appeal in Abuja has ruled in favour of former Cross River State governor, Donald Duke, as the authentic presidential candidate of the Social Democratic Party (SDP) for the 2019 presidential election.
Despite winning the party’s ticket in October 2018, an FCT High Court in Maitama had declared his victory null and void and announced Jerry Gana as the SDP candidate in a December 2018 ruling.
The court had ruled in Gana’s favour due to regulations contained in the party’s constitution that its national chairman, currently Olu Falae,and presidential candidate cannot be from the same region, with a zoning policy that balances both positions between the northern and southern parts of the country.
However, in a unanimous decision announced on Thursday, January 24, 2019, the Appeal Court ruled in Duke’s favour.
The three-member panel ruled that the zoning section of the party’s constitution contravenes the Electoral Acts stipulation for the validity of a candidate in any election. The panel also noted that the particular section 18 of the party’s amended constitution regarding zoning did not take effect until October 8, 2018, two days after Duke had beaten Gana in the party’s primary election.
The panel also ruled the High Court’s initial judgement to be “perverse and wrong”, noting that it was a violation of Duke’s right to freedom from discrimination.
The court also faulted Gana’s position based on the fact that he had signed an agreement before the primary election to support any candidate that emerged victorious.
The court ordered Gana to stop parading himself as the SDP’s candidate and ordered him to pay Duke N500,000 in legal cost.
The presidential election will take place on February 16.
