Anambra guber election: Court refuses to hear motion seeking to stop Nwoye

…Reps member urges court to dismiss suit for lacking in
jurisdiction

Move to stop Tony Nwoye from participating in the primary of the
All Progressives Congress (APC) ahead of the Anambra governorship
election failed Wednesday as the sitting vacation judge of the High
Court of the Federal Capital Territory (FCT), Justice Yusuf Halilu
declined to hear a motion ex-parte filed to that effect.

The motion ex-parte filed by Okechukwu Ogbonnaya, contained
seven prayers, particularly prayer 6, for an order of interim
injunction restraining the APC from “from clearing the 1st
defendant (Nwoye) to contest or stand for its primary elections for
the purposes of selecting the party’s governorship candidate for
the forthcoming Anambra State governorship election pending the
determination of the motion on notice.

Although the case was listed in the court’s cause list for
yesterday, the judge declined to hear the applicant’s lawyer, who
had sought the hearing of the ex-parte motion on grounds of
urgency. The judge said there was no urgency to warrant the hearing
of the motion.

Ogbonnaya listed as defendants, in the suit, Nwoye, Chief Arthur
Eze, Atlas Petroleum International ltd, Oranto Petroleum Ltd,
Fidelity Bank Plc, APC and Economic and Financial Crimes Commission
(EFCC). He is challenging, among others, the propriety of the
alleged donations by Eze and others, to Nwoye’s governorship
ambition.

Nwoye has however challenged the court’s jurisdiction to hear
the suit, arguing that the subject matter of the suit relates to
Anambra governorship election, on which a court in Abuja cannot
hear. He asked the court to strike out the case.

Alternatively, he asked the court to order the plaintiff to put
the defendants “on notice of prayers 3, 4, 5, and 7 in the motion
ex parte filed on 31st July, 2017 to enable the 1st defendant
(Nwoye) to be heard on those prayers as those reliefs are targeted
at stifling the exercise of the constitutional right of the 1st
defendant to contest for the Anambra State governorship
election.”

In a supporting affidavit, a lawyer in Nwoye’s team, Obinna Onya
said the suit has a direct bearing on the Anambra State
Governorship election, which has been scheduled by the Independent
National Electoral Commission to hold on 18th November, 2017 and
the primary election of the 6th Defendant which by the prescription
of the electoral body must be held not later than August, 2017.

Onya stated that he was informed by the leader of the legal
team, Tobechukwu Nweke that the plaintiff lacks the locus standi to
institute the case and that the court lacked the jurisdiction to
entertain adjudicate over a pre-primary issue before the conduct of
a primary election.

In further attacking the competence of the suit, Onya stated
that “The originating summons and the affidavit in support (filed
by the plaintiff) failed to disclose any reasonable cause of
action

“This matter being one bordering on criminality was wrongly
commenced by originating summons. This matter is a gross abuse of
the process of this Court

“Being that this motion challenges the jurisdiction of this
Court, it is just to set the issues of jurisdiction down for
hearing and determination before any other step is taken in this
matter.

“Being that prayers 3, 4, 5, 6 and 7 in the motion ex parte
filed on 31st July, 2017 are targeted at stifling the exercise of
the constitutional right of the 1st defendant to contest for the
Anambra State Governorship election, it is only just and proper
that the Defendants be put on notice of those prayers to enable the
1st defendant to be heard on those prayers,” he said.

…Reps member urges court to dismiss suit for lacking in
jurisdiction

Move to stop Tony Nwoye from participating in the primary of the
All Progressives Congress (APC) ahead of the Anambra governorship
election failed Wednesday as the sitting vacation judge of the High
Court of the Federal Capital Territory (FCT), Justice Yusuf Halilu
declined to hear a motion ex-parte filed to that effect.

The motion ex-parte filed by Okechukwu Ogbonnaya, contained
seven prayers, particularly prayer 6, for an order of interim
injunction restraining the APC from “from clearing the 1st
defendant (Nwoye) to contest or stand for its primary elections for
the purposes of selecting the party’s governorship candidate for
the forthcoming Anambra State governorship election pending the
determination of the motion on notice.

Although the case was listed in the court’s cause list for
yesterday, the judge declined to hear the applicant’s lawyer, who
had sought the hearing of the ex-parte motion on grounds of
urgency. The judge said there was no urgency to warrant the hearing
of the motion.

Ogbonnaya listed as defendants, in the suit, Nwoye, Chief Arthur
Eze, Atlas Petroleum International ltd, Oranto Petroleum Ltd,
Fidelity Bank Plc, APC and Economic and Financial Crimes Commission
(EFCC). He is challenging, among others, the propriety of the
alleged donations by Eze and others, to Nwoye’s governorship
ambition.

Nwoye has however challenged the court’s jurisdiction to hear
the suit, arguing that the subject matter of the suit relates to
Anambra governorship election, on which a court in Abuja cannot
hear. He asked the court to strike out the case.

Alternatively, he asked the court to order the plaintiff to put
the defendants “on notice of prayers 3, 4, 5, and 7 in the motion
ex parte filed on 31st July, 2017 to enable the 1st defendant
(Nwoye) to be heard on those prayers as those reliefs are targeted
at stifling the exercise of the constitutional right of the 1st
defendant to contest for the Anambra State governorship
election.”

In a supporting affidavit, a lawyer in Nwoye’s team, Obinna Onya
said the suit has a direct bearing on the Anambra State
Governorship election, which has been scheduled by the Independent
National Electoral Commission to hold on 18th November, 2017 and
the primary election of the 6th Defendant which by the prescription
of the electoral body must be held not later than August, 2017.

Onya stated that he was informed by the leader of the legal
team, Tobechukwu Nweke that the plaintiff lacks the locus standi to
institute the case and that the court lacked the jurisdiction to
entertain adjudicate over a pre-primary issue before the conduct of
a primary election.

In further attacking the competence of the suit, Onya stated
that “The originating summons and the affidavit in support (filed
by the plaintiff) failed to disclose any reasonable cause of
action

“This matter being one bordering on criminality was wrongly
commenced by originating summons. This matter is a gross abuse of
the process of this Court

“Being that this motion challenges the jurisdiction of this
Court, it is just to set the issues of jurisdiction down for
hearing and determination before any other step is taken in this
matter.

“Being that prayers 3, 4, 5, 6 and 7 in the motion ex parte
filed on 31st July, 2017 are targeted at stifling the exercise of
the constitutional right of the 1st defendant to contest for the
Anambra State Governorship election, it is only just and proper
that the Defendants be put on notice of those prayers to enable the
1st defendant to be heard on those prayers,” he said.