A Federal High Court (FHC) in Abuja, on Friday, rejected an application seeking to stop the Enugu State Independent Electoral Commission (ENSIEC) from conducting Saturday’s local government elections in the state.
Justice Peter Lifu, in a ruling on the oral application moved by counsel to the All Progressives Congress (APC), Michael Aondoakaa, SAN, held that stopping the election would not meet the justice of the matter.
Besides, Justice Lifu held that there was no enough evidence as to the service of the hearing notices on the defendants against today’s proceeding.
The judge said based on Section 36 of the 1999 Constitution, restraining the electoral body from going ahead with the Sept. 21 poll would be contrary to the principle of fair hearing.
The News Agency of Nigeria (NAN) reports that in the originating summons marked: FHC/ABJ/CS/1325/2024, the APC sued the Independent National Electoral Commission (INEC), ENSIEC and Nwanfor Alphonsus Onyeachonam as 1st to 3rd defendants respectively.
In the suit dated Sept. 5 but filed Sept. 6, the APC sought nine reliefs.
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These include “an order of perpetual injunction restraining the 2nd defendant (ENSIEC) from conducting any election in Nigeria including the Local Government Election in Enugu State, without the plaintiffs participation through its duly elected principal officer of the State Executive Committee (SEC) registered with the 1st defendant (INEC).”
“An order directing and/or mandating 1st and 2nd defendants to recognise only the democratically elected principal officer of the party’s State Executive Committee (SEC) in Enugu State and registered with INEC in the performance of their constitutional and statutory duties.
“An order of perpetual injunction restraining the 3rd defendant (Onyeachonam) from parading or holding out or further selling the plaintiff’s nominations forms for election or obtaining payments for sale of nomination forms, as the elected principal officer of the plaintiff’s Executive Committee in any election in Nigeria including the Enugu State Local Government election”, among others.
NAN reports that Justice Emeka Nwite of FHC had, recently, refused to grant the ex-parte motion moved to stop the Enugu State local government election.
Justice Nwite instead granted an accelerated hearing of the matter and ordered substituted service of the court documents on the defendants, besides giving an order for abridgment of time.
However, the matter was transferred back to the Chief Judge, Justice John Tsoho, before it was reassigned to Justice Lifu for adjudication.