Godwin Tsa, Abuja
The Abuja division of the Federal High Court on Friday dismissed a suit by a House Representative candidate in the February 23 general elections, Ogewu, David Agada, seeking to be issued with a certificate of return.
Justice Inyang Ekwo who delivered the judgment held that the suit was an abuse of court process having been filed while there are a “multiplicity of actions on the same subject matter against the same opponent on the same issue.
“I agree with learned counsel for the defendant that the action as presently constituted is an abuse of the process of this court,” the judge ruled.
Agada brought the action challenging the failure of the Independent National Electoral Commission to issue him with certificate of return having scored the highest votes, with 12, 794 votes for Oju/Obi Federal Constituency of Benue State, in the February 23 elections.
In the originating summons by his lawyers, Mike Ozekhome, he argued that under Section 75(1) of the Electoral Act 2010, he ought to be issued to with a certificate of return since the Returning Officer, Professor C.C Iheukwumere, who declared him winner at 10:30pm on February 23, did not declare the result inconclusive or make it under duress.
The plaintiff added that the declaration by the Returning Officer was covered with video recording.
But INEC counsel in their objection, argued that Section 285(1) and 251 of the Constitution of the Federal High Court lacks the jurisdiction to entertain the matter.