Gana asked the court to nullify the emergence of the former Cross River State governor, on the grounds that the process that produced him violated the constitution of the party.
Duke polled 812 votes to defeat the former Minister, who scored 611 votes at the SDP National Convention in Abuja on October 7.
“In the party’s constitution as provided under section 15(3), it was stipulated that the party will respect the principle of rotation and zoning because it is important to building up of the Federal Republic of Nigeria.
“The provision specifies that the position of national chairman of SDP cannot come from the same part of Nigeria,” Gana said.
The case has been adjourned till November 13 due to the indisposition of the presiding judge, Justice Husseini Baba Yusuf.
