* 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.
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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.
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