Monday 23 September 2013

Anambra guber: Court clears Obiano as APGA candidate

The Federal High Court sitting in Awka,
presided over by Justice Muhammed
Salihu, at the weekend discharged an
interim order it made on Monday last
week on APGA gubernatorial candidacy
tussle.

The court had directed the submission of
the names of Chike Obidigbo and William
Obiano as All Progressive Grand Alliance
(APGA) governorship candidates to the
Independent National Electoral
Commission (INEC) in the coming
November 16 election.
In his ruling, Justice Salihu said the court
was deceived into granting the order as
the plaintiffs concealed essential facts,
adding that it lacks the jurisdiction to
make the orders which was against the
express provision of the Electoral Act
2010 (as amended).

The court stated among other things that,
“It is setting aside the interim order of
the court of 16 September, 2013 on the
ground that the court lacks jurisdiction to
make it”;
That it is “setting aside the
interim order on the ground that
the plaintiffs/respondents concealed
essential facts to the court and thereby
deceived it into making the order”; and
that it was “setting aside the order as it is
against the express provision of the
electoral Act 2010 (as amended) and the
order relates to completed act for which
the court lacks jurisdiction to make”.

And that “the order is for such orders or
further orders as the court may deem fit
to make in the circumstances”.
Justice Salihu said he made the order
after reading the 24-paragraph affidavit in
support of the motion exparte deposed
to by Onwuka Ukwa, Tayo Sowumi and
Ifeanyi Mbaeri, who were defendants and
applicants to the suit filed by Chike
Obidigbo, Maxi Okwu and others, who
were plaintiffs and respondents.
APGA National Chairman, Victor Umeh,
had on September 3, submitted the name
of Obiano to INEC as the party’s
candidate in the forthcoming Anambra
election.

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