From George Onyejiuwa,Owerri
A chieftain of the Imo state Peoples Democratic Party ( PDP),Chief Kingsley Iheancho has prayed the Federal High Court sitting in Owerri , Imo state capital to nullify all primary elections conducted by the All Progressives Congress in Imo as it was in violation of section 183 of the constitution of the Federal of Nigeria of 1999 as amended and section 82(3) of the Electoral act of 2022 .
In a suit: FHC/OW/02/187/22
filed by Chief Kingsley Iheancho on behalf of himself and the entire members of the Peoples Democratic Party before Honourable Justice B.O Qudaric , named Mr MacDonald Ebere Imo APC Chairman , The All Progressives Congress , Sen. Abdullahi Adamu ,National Chairman of the APC , Mai Mala Buni,( governor of Yobe state,former National Chairman Extraordinary convention committee) and the Independent National Electoral Commission ( INEC) as well as all 45 candidates for state House of Assembly , House of Representatives and Senate in Imo state as respondents.
The claimant , Mr Kingsley Iheancho is seeking for a declaration of the court that All progressives Congress ( APC ) and His Excellency Mai Mala Buni ,Governor of Yobe state , and then Chairman extraordinary Convention Committee of All Progressives Congress violated section 183 of the constitution of the federal Republic of Nigeria 1999 as amended and section 82(3)of the Electoral Act ,2022 by electing Sen Abdullahi Adamu as National Chairman of All Progressives Congress ,when he held dual executive positions as the executive of Yobe State .
He also prayed the court to declare that the Independent National Electoral Commission violated section 183 of the constitution of the Federal Republic of Nigeria ,1999 as amended and section 82( 3) of the Electoral act 2022 by publishing the names of 3 Imo state APC senatorial candidates , 10 Imo APC House of Representatives candidates and 27 Imo APC state House of Assembly candidates to stand as candidates for the forth coming Nigeria general elections of 2023 in primary election conducted by Sen Abdullahi Adamu as National Chairman of All Progressives Congress while the convention that brought Sen Abdullahi Adamu as national Chairman of All Progressives Congress was conducted by His Excellency Mai Mala Buni ( governor of Yobe state),and the then chairman, extraordinary convention committee of the All Progressives Congress when HD held dual executive positions as executive governor of Yobe state in contravention of section 183 of the constitution of the Federal Republic of Nigeria 1999 as amended and section 82(3) of Electoral act ,2022.
Plaintiff also want an order of the honourable Court that the 3 Imo state APC senatorial candidates , 10 Imo APC federal House of Representatives candidates ,and 27 Imo APC state House of Assembly candidates should not parade themselves as candidates of the All Progressives Congress in the general elections of 2023.
Also in a motion ex-parte brought before the court on substituted service by his counsel Mr Kingsley Simon Ndukwe Esq seeks the order of the honourable court to grant leave to plaintiffs to serve the 1st to 45th defendants with originating sermons , other processes that may be filed on the 1st to 45th defendants by substituted means by pasting the said processes to be served in the suit by the plaintiffs at the door or the most conspicuous places at the office address of the defendants and at office address of the Imo state chapter of the APC at No 47 Okigwe road ,Owerri ,Imo state .
However, Justice Quadric adjourned further hearing on the matter to the 2nd of February, 2023 as both defendants and their counsel were absent.