Posted by By Nnamdi Felix / Abuja on
A Federal High court sitting in Abuja, this morning, declined to stop the Independent National Electoral Commission, INEC, from conducting tomorrow's re-run governorship election in Cross River State.
A Federal High court sitting in Abuja, this morning, declined to stop the Independent National Electoral Commission, INEC, from conducting tomorrow's re-run governorship election in Cross River State.
The presiding judge, Justice Mohammed Garba Umar, however, refused to strike out the matter. The suit was filed by the All Nigerian Peoples Party (ANPP) and its candidate, asking the court to stop tomorrow's re-run election.
The Independent National Electoral Commission, INEC, had scheduled the election to hold in all the polling units of the state, tomorrow. The All Nigerian Peoples Party and its candidate, Dr. Paul Ukpo, had approached the court to stop INEC from conducting the election on the scheduled date due to the non-compliance of the Notice of Poll, issued by the electoral body, in accordance with the provisions of Section 47 of the Electoral Act 2006.
The plaintiffs averred that the provisions of section 47 made it mandatory for three fundamental elements to be contained in a Notice of Poll for any scheduled election.
These they contended include the day and hours of the poll, persons entitled to vote and the location of the polling stations.
The exhibited Notice of Poll as issued to the party for the Saturday re-run election failed to comply with this provision of the Electoral Act and subsequently formed the basis of the prayers of the plaintiffs asking the court to restrain the electoral body from breaking the law.
They categorically stated that without these fundamental elements being provided, it will be difficult for INEC to conduct any credible election in the state.
The plaintiffs also raised the issue of the ceded section of Bakassi and the effect it will have on the persons eligible to vote in the election since there was no updated voters register to guide the conduct of the election.
Former Governor Liyel Imoke and INEC, who are defendants in the suit, opposed the granting of the reliefs sought by the plaintiffs on the grounds that no reasonable cause of action was disclosed by the plaintiffs, and that the balance of convenience was not in support of granting the injunctive reliefs as requested by the ANPP and its candidate.
They also averred that the ANPP is the only party, out of the 9 political parties contesting in the polls, which is questioning the validity of the Notice of Poll.
Mr. Paul Erokoro, a senior advocate and counsel to Mr. Liyel Imoke, also faulted the processes filed by the plaintiffs which he said failed to comply with the practice direction of the court.
He urged the court to decline the invitation to vary the orders of the court of appeal which ordered for the re-run election to be conducted within 90 days.
He further stated that restraining the electoral body from doing its constitutional duties will amount to the court condoning disrespect for the constitution.
The presiding judge, Justice Mohammed Garba Umar, while declining to order the injunctive reliefs sought by ANPP, disagreed with the defendants on striking out the suit.
According to Justice Umar, 'there is a particular wrong the plaintiffs are complaining about and the remedy is here in this court. There is indeed a reasonable cause of action. I refuse the submission of the defendants to strike out this suit.'
He, however, refused to restrain INEC from conducting the polls tomorrow, considering the scale of balance of convenience. The judge also observed that no fact was deposed to the effect that damages would not be remedied. The matter was thereafter adjourned till 5 November, for hearing of the substantive matter.