No court can stop the ruling Peoples Democratic Party [PDP] from going ahead to conduct tomorrow's gubernatorial primary election in Bayelsa State based on the provisions of section 87 (10) of the amended 2010 Electoral Act, its national leadership said in Abuja yesterday.PDP's National Publicity Secretary Prof. Rufai Ahmed Alkali said, 'In taking the decision to go ahead with the gubernatorial primary elections as scheduled, the Party wishes to draw the attention of our members and the general public to the provisions of section 87 (10) of the 2010 Electoral Act, as amended, which provides that 'nothing in this section shall empower the courts to stop the holding of primaries or general elections under this Act pending the determination of any suit'.He added, 'We also wish to refer to section 31 (1) of the same Electoral Act which limits the time within which a political party must submit names of its candidates to INEC, to not later than 60 days to the date of elections.'Alkali said no court has issued any injunction restraining it from going ahead with the gubernatorial primaries fixed for tomorrow. He said the party's decision to continue with the scheduled primary elections in Bayelsa State was in line with the provisions of the Electoral Act 2010 as amended, adding that the party had however assembled its legal team to argue PDP's position 'in any competent court of law should we be formally and validly invited to do so.'Alkali also said the clarification became necessary in view of the 'conflicting and misleading' publications that said a court in Abuja had stopped the exercise.Speaking on the same issue in Abuja yesterday, PDP's National Legal Adviser Chief Olusola Oke however said the party is aware that Bayelsa State Governor Timipre Sylva had gone to court as reported in the newspapers.Oke, who said the party expected Governor Sylva to explore the option of seeking redress within the party before going to the court as a senior member of the PDP, said the PDP 'will surely respond to the court processes and justify the stand of the party on the matter on the return date of November 22, 2011'.'We are aware that the Bayelsa state governor, Timipre Sylva has gone to court as reported in the newspapers of today. Without doubt and prejudice, it is within his constitutional right to ventilate his grievances in a court of law, especially as now guaranteed by the Electoral Act.'....Our position is the provision of section 31 of the Electoral Act which limits the time within which the party could submit its candidate's name for the election to not later than 60 days to the date of the election.'It is feared that a further delay may expose the party to the risk of not being able to nominate its candidate through the primary election as prescribed by the 2010 Electoral Act as amended.'....The process of nomination is not mere holding of a governorship primary election. We should not lose sight of the position that participants may appeal and from there to the National Executive Committee (NEC), if dissatisfied. Furthermore, successful aspirant needs time to complete his nomination form, depose his affidavit, and after which the National Chairman and the National Secretary will convey his name in the prescribed form to the Independent National Electoral Commission (INEC). All these require time. Notwithstanding, PDP believes in the rule of law. We have assembled a legal team to appear in court on the return date to tell our own side of the story.
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