* Samuel Anyanwu Wins First Round
* Court Disagrees With Defendant’s Objection, Says It Isn’t Sitting
On Appeal
* Restrains INEC from Accepting Names
The Federal High Court, Owerri Judicial Division, has barred the
Independent National Electoral Commission (INEC) from accepting
Chief. Emeka Ihedioha as the PDP Candidate for the 2019 Imo
gubernatorial election.
The court gave this order after a motion on notice was moved by
counsel to Hon. Samuel Nnaemeka Anyanwu, challenging the emergence
of Chief Emeka Ihedioha as the PDP candidate in suit no:
FHC/OW/CS/121/2018.
The applicant had asked the court to order parties to maintain
status quo as at the time of filing the suit.
The defendant in the case had argued against the relief sought,
claiming that, a grant of the order will amount to the court
reversing and revisiting its earlier order, thereby, sitting on an
appeal in its own case.
The court whilst disagreeing with the argument of the defendant,
stated that the situations are different, as the court had refused
a grant of the interim injunction in the first motion because only
the applicant was present which is not same with the present.
The court in its enrolment order further restrained PDP from
submitting candidates’ name pending the final determination of the
suit, as well as INEC from accepting candidates’ name pending the
final determination of the suit.
Also, the court ordered an accelerated hearing of the case
whilst adjourning the case to the 19th, 20th, 21st and 22nd days of
November, 2018 for hearing.
TheNigerialawyer (TNL) recalls that the applicant, Hon. Samuel
Nnaemeka Anyanwu, had earlier challenged the outcome of the PDP
Primary in Imo State asking the court to stop Chief. Emeka Ihedioha
from parading himself as the PDP candidate.
TheNigerialawyer (TNL), also recalls that the Independent
National Electoral Commission in its usual weekly meeting held on
the 11th of October, 2018, noted that none of the 89 registered
political parties that notified the Commission of their intention
to conduct their primaries has submitted the list of its sponsored
candidates (Form CF002) and personal particulars (Form 001) to the
centre designated by the Commission for the collection of the said
documents.
The Commission, therefore, informed political parties that the
deadlines for the submission of Forms CF001 and CF002 for the 2019
general elections remain; thus, November 2nd, remains the date for
Governorship and House of Assembly.