The Action Peoples Party has asked the Abuja Division of the Federal High Court to nullify the election victory of the party’s candidates in the Rivers local government polls held on October 5.
The plaintiff, Juboye Abraham, in the suit marked FHC/ABJ/CS/1464/2024 filed by his lawyer, Ukpai Ukairo, urged Justice Binta Nyako to make an order setting aside the candidacy of the APP in the election.
He also prayed the court to nullify all the votes cast for the state’s local government chairperson on the APP platform for being in breach of Section 225(A) of the 1999 Constitution (as amended) and the Rivers Local Government Law.
In the suit dated and filed on October 4, Mr Abraham sued INEC, APP and Rivers State Independent Electoral Commission as first to third defendants in the suit.
He also joined the elected LG chairpersons, including Chijioke Ihunwo, Ezebunwo Ichemati, Brain Gokpa, David Omereji, John Ngubo-Otamiri, Promise Reginald, Mathew Dike, Enyiada Cookey-Gam, Anengi Barasua Claude-Wilcox, Igwe Achese, and Prince Isaac Umejuru as fourth to 14 defendants.
Others are Tonye Oniyide-Briggs, Harry Agiriye, Gift Okere, Vincent Reuben Obi, Chibudom Ezu, Itvyekor Ikporo, Lazarus Gogote Nteogwuile, Sule Amachree, Monday Dumye, Israel Abosi, Martins Nwigbo and Ishmael Oforibika as 15th to 26th defendants, respectively.
Mr Abraham, therefore, sought a declaration that it is illegal, unconstitutional and void for INEC to continue to keep APP in the register of political parties in Nigeria when it is manifest that the party is in breach of Section 225(A) of the 1999 Constitution.
He sought an order compelling or directing INEC to exercise its powers under Section 225(A) of the 1999 Constitution to deregister APP as a political party registered in Nigeria with powers to field candidates in any election, having been in breach of the law.
He also sought an order of perpetual injunction restraining the RSIEC from placing the APP logo on the ballots for the October 5 Rivers local government election, having been in breach of Section 226(A) of the 1999 Constitution.
Mr Abraham further sought an order setting aside the candidacy of the 4th to 26th defendants in the said election and nullifying all the votes cast for them for being in breach of Section 226(A) of the 1999 Constitution and Rivers’ LG law.
When the matter came up before Mr Nyako, Kalu Agu, who appeared for the plaintiff, informed that all the defendants had been served and the matter was slated for mention.
Mr Agu, who said the suit was a pre-election matter, sought a short date for the hearing.
When the judge asked him what the subject matter (res) of the case was all about, he said, “The res is about the non-performance of the statutory responsibility of the first defendant (INEC).”
The lawyer said the election was conducted on October 5, 2024. Mr Nyako told him they were still within the time since the suit was filed via originating summons.
APP’s counsel (second defendant), Obed Agu, said though they had yet to file an application, they intend to respond to the plaintiff’s suit. Mr Obed also told the court that the INEC lawyer was in court but stepped out before the proceeding commenced.
The judge consequently adjourned the matter until February 5 for a hearing. She ordered that hearing notices be issued and served on defendants who were not represented in court.
The council election was held in the state despite the police withdrawing security for the exercise.
The police had said that they acted in compliance with a Federal High Court order. However, RSIEC chairperson Adolfus Enebeli said the commission was buoyed by the Supreme Court judgment and that of Justice Chigozi Igwe of Rivers High Court.
The PDP, from which Siminalayi Fubara was elected governor, boycotted the October 5 election, forcing Mr Fubara’s loyalists to seek an alternative in APP, whose candidates eventually won the chairmanship seats.
NAN
