2011 ELECTION: Court Stops INEC From Recognising Orji As Abia PDP Gov Candidate

Gov-Orji

Gov. Orji of Abia State.

Justice Gabriel Kolawole of a Federal High Court sitting in Abuja on Thursday stopped the Independent National Electoral Commission, INEC, from recognizing the incumbent governor of Abia State, Theodore Orji as the Peoples Democratic Party’s gubernatorial candidate in the forthcoming April election pending the determination of a suit challenging his emergent at the party’s primary.

The judge granted the order while ruling on the ex-parte application brought by Chief Ikechi Emenike, a PDP governorship aspirant in the state, against the PDP, the Acting National Chairman of party, Dr. Bello Haliru, INEC and Governor Theodore Orji as defendants.

The court made the order following the failure of the party and the electoral umpire to show cause why the orders should not be granted as the court directed them to do within 72 hours after it heard the experte motion over a week ago on Tuesday 1st February.

Both INEC and the PDP did not comply with the order made by the court to show cause why Chief Emenike’s prayers for a preservative relief to be made against the recognition of the Abia Governor as the candidate of the party for the 2011 polls, rather the party and the Governor filed preliminary objections challenging the jurisdiction of the court to entertain the substantive suit. Their preliminary objections which were filed minutes before the proceedings into the matter was not ripe for hearing as the plaintiff was only served inside the court and should be allowed time to respond.

Attempts by Chief Olusola Oke, counsel to the PDP, to get the court to suspend the granting of the preventive orders failed as the court went ahead to order the electoral umpire to kep the slot of PDP gubernatorial candidate for the South East state vacant pending the determination of the suit.

Justice Kolawole accepted the submission of Chief Adeniyi Akintola, counsel to the plaintiff to the effect that mere waving of the issue of jurisdiction by the party and the Governor is not enough to stop the court from granting the orders as the party had categorically failed to show cause why the order should not be made as directed by the court.

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The orders which Chief Emenike is asking the court to grant are;

*An order of interim injunction restraining PDP, its servants, agents and or privies from recognizing, or submitting to INEC, the name of any person other that Chief Ikechi menike and his nominated running mate in person of Dr. Chukwuemeka C. Okwuonu as candidate of PDP for the office of Governor and Deputy Governor of Abia state respectively at the 2011 general election pending the hearing and determination the motion on notice.

*An order of interim injunction restraining INEC. Its agents, servants or privies from accepting or giving any recognition to any other candidates apart from plaintiff/applicant and his nominated running mate in person of Dr. Chukwuemeka C. Okwuonu as gubernatorial and deputy gubernatorial candidates of the 1st defendant at the 2011 general into the office of the Governor of Abia state pending the hearing and determination of the motion on notice.

*An order of interim mandatory injunction compelling INEC to keep open and extant the slot of 1st defendant as one of the political parties entitled to contest and have their names and logo (symbol) on the ballot paper for use in general election 2011 for the office of the Governor of Abia state pending the hearing and determination of the motion on notice.

The court thereafter adjourned the matter to Wednesday, 16th February, 2011 to hear both the preliminary objections and the substantive suit.

By Nnamdi Felix / Abuja

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