A Federal High Court, Abuja Division, Tuesday fixed October 7 to hear the case instituted by the Peoples Democratic Party, PDP, against the Independent National Electoral Commission, INEC,seeking to restrain INEC from accepting names of senatorial candidates from the All Progressives Congress, APC, for the 2023 general elections in Benue State.
The Plaintiffs in the suit are the PDP, Senator Gabriel Suswam, Governor Samuel Ortom and Senator Patrick Abba Moro,while the defendants are INEC, APC, Emmanuel Udende and Titus Zam.
Also joined as defendants are: Comrade Daniel Onjeh, Samuel Zuga, Dr Torngee Malu, Terlumun Akputu, Benjamin Adanyi,David Awunah,Hon. Nelson Alapa,Barr. Jacob Ajene, Engr. Austine Oleho and Major General Joseph Eje (Rtd) as 1st to the 14th defendants.
When the case came up,lead counsel to the plaintiffs, Chief Sebastine Hon, SAN, submitted that though the matter was adjourned for hearing, counsel to Titus Zam, Mathew Bukka, SAN, informed him that the bailiff of the court just served him the reply of the plaintiffs to the his preliminary objection to the main suit.
He however submitted that he was ready to proceed to hearing of the main suit if it was convenient for the defense counsels.
Zam’s, counsel, Matthew Bukka, SAN, however told the court that he was not ready and he needed time to respond to the reply of the plaintiffs to his preliminary objection.
He asked the court for another date.
The Plaintiffs counsel, Chief Hon,SAN, that of APC, Fidelis Mnyim, INEC Anthony Onyeke and the others who were in court did not object to the application for another date.
Consequently, the Presiding Judge, Justice Ahmed Mohammed adjourned the matter to October 7 for hearing and ordered that hearing notice be served on Samuel Zuga, Dr Torngee Malu, Terlumun Akputu, Benjamin Adanyi, David Awunah,Hon. Nelson Alapa,Barr. Jacob Ajene, Engr. Austine Oleho and Major General Joseph Eje (Rtd), who are yet to file processes or announce appearance.
The Plaintiffs are seeking a declaration by the court that by the combined interpretation of sections 77(2) and (3),82(1),(2) and (5);84(1), (4)(a)-(c) and (13) of the Electoral Act 2022 and sections 65(2)(b) and 285(14) (c) of the 1999 Constitution, as amended, as well as INEC regulations and guidelines for for the conduct of political party primaries, 2022,INEC can be compelled by the court to reject, refuse to accept, refuse to recognize the names of Emmanuel Udende, Titus Zam, Comrade Daniel Onjeh, Samuel Zuga, Dr Torngee Malu, Terlumun Akputu, Benjamin Adanyi, David Awunah,Hon. Nelson Alapa,Barr. Jacob Ajene, Engr. Austine Oleho and Major General Joseph Eje (Rtd) as senatorial candidates sponsored by the APC for the 2023 general elections.
The Plaintiffs cites breach of mandatory, statutory and constitutional provisions with respect to the direct primary conducted by the APC which produced senatorial candidate of the APC for the 2023 general elections.
The PDP is seeking an order of perpetual injunction, restraining INEC from accepting, recognizing or putting the name of any 3rd to 24 defendants as candidate sponsored by the APC for the senatorial election in Benue State in 2023,amongst other reliefs.
By David Mzer
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