Godwin Tsa, Abuja
The Abuja division of the Federal High Court has rejected the request by the African Action Congress (AAC) for an order of interim injunction restraining the Independent National Electoral Commission (INEC) from among other things, announcing winners of the last governorship and state Assembly elections in Rivers State.
Rather, Justice Inyang Ekwo ordered counsel to the plaintiff, Tawo Tawo (SAN) to put the defendants on notice.
The request was contained in a motion ex-parte filed along with an originating summons marked: FHC/ ABJ/CS/303/2019.
The Action Alliance Congress, Engr Biokpomabo Festus Awara and Pastor (Dr.) Ben-Gurion John Peter are the plaintiffs.
While the Independent National Electoral Commission (INEC) and the People’s Democratic Party (PDP) were listed as respondents in the motion which was filed on March 18, 2019.
When the case was called up, Justice Ekwo drew the attention of plaintiffs’ lawyer to some media reports, to the effect that a Federal High Court in Abuja had restrained INEC in relation to the Rivers election.
In response, Tawo denied knowledge of the publication, including a Justice Ewa mention in the reports.
The lawyer consequently urged the court to ignore it.
He thereafter informed the court about the pending ex-parte motion filed by his clients, which the judge declined.
Justice Ekwo, after listening to the plaintiffs’ lawyer, declined to grant the prayers contained in the motion ex-parte.
Instead, the judge ordered that the respondents be served with the motion and other processes in the suit. He adjourned to March 25 for hearing.
The plaintiffs had, in the motion ex-parte, prayed the court for “an order directing a departure from the rules of the honourable court for the abridgement of time for the respondents to enter an appearance and file their defence within seven days from the date of service of the originating processes on them.”
They also prayed for “an order of interim injunction of this honourable court restraining the 1st respondent (INEC) from further action in any manner whatsoever including the counting/coalition of votes, declaration and return of any candidate in the gubernatorial and Houses of Assembly election of March 9, 2019 in Rivers State, pending the hearing and determination of the motion on notice.
The plaintiffs identified the grounds for their motion to include that “INEC had earlier admitted that the election in Rivers State was marred with substantial violence that compromised the credibility of the entire process thereby suspending the election.
“Without calling for a fresh election, the 1st respondent has announced, via a press release, that it is now set to continue with the election from this Wednesday, March 20, 20 19.
“Time is of the essence, therefore, the need for abridgement of time within which the parties are to file their processes.”
The plaintiffs are in the substantive suit, querying the propriety of INEC’s handling of the last governorship and state Assembly election in Rivers State, particularly as it relates to its announcement of the results.