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 serve the interests of justice.
Furthermore, Mr Lifu held that there was insufficient evidence regarding the service of hearing notices on the defendants for today’s proceeding.
The judge said that, based on Section 36 of the 1999 Constitution, restraining the electoral body from going ahead with the Sept. 21 poll would violate the principle of fair hearing.
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 the 1st to 3rd defendants, respectively.
In the suit, dated Sept. 5 but filed on Sept. 6, the APC sought nine reliefs.
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 the 1st and 2nd defendants to recognize 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 as or holding out as, or further selling the plaintiff’s nomination forms for election or obtaining payments for the 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.
Justice Emeka Nwite of the FHC had recently refused to grant an ex-parte motion to stop the Enugu state local government elections.
Mr Nwite, instead, granted an accelerated hearing of the matter and ordered substituted service of the court documents on the defendants, along with an order for abridgement of time.
However, the matter was transferred back to the chief judge, Justice John Tsoho, before being reassigned to Mr Lifu for adjudication. (NAN)