A Federal High Court sitting in Abakaliki, Ebonyi has adjourned to March 6 for Judgment on a suit challenging the outcome of the All Progressives Congress (APC) governorship primary held Sept. 30 and Oct. 1, 2018.
Prof. Benard Odoh, former Secretary to Ebonyi State Government (SSG) and first runner-up in the primary, was challenging the outcome of the election which produced Sen. Sonni Ogbuoji as the winner and APC governorship candidate in Ebonyi.
The suit was filed on Oct. 19, 2018 at the Federal High Court in Abakaliki.
The plaintiff brought actions against the APC, the chairman of the electoral Committee, Sen. Domingo Obende, the Independent National Electoral Commission (INEC) and Ogbuoji as the 1st, 2nd, 3rd and 4th defendants respectively.
Odoh alleged widespread fraud following alleged use of ‘fake delegates’ list in the conduct of the primary election for Ikwo and Ezza South Local Government Areas.
He prayed the court in the amended originating summons for a declaration that the 1st and 3rd defendants are under statutory obligation to strictly apply, comply and abide with the provisions of Section of the electoral act 2010 as amended.
Odoh is further praying for a declaration that the use of fake lists or substitution of duly elected lawful delegates for the Ezza South and Ikwo Local Government Areas in the conduct of APC governorship primary contravened provisions of the electoral act.
He is also seeking a declaration that by virtue of unlawful exclusion of the 42 lawful delegates that Ogbuoji is not entitled to have his name submitted as the winner and the governorship candidate of the 1st defendant.
The plaintiff is, therefore, praying the court for an order declaring him the rightful winner of the Ebonyi APC governorship primary election having polled the highest number of lawful votes cast by duly elected delegates.
At the adoption of the final written addresses by counsel to the parties, counsel to the plaintiff, K.C Nwufo, SAN highlighted various annexed exhibits which among others included the Certified True Copy (CTC) of the ‘authentic delegates lists’ from the INEC Headquarters, Abuja.
He also annexed a letter written by the state chairman of APC, Chief Eze Nwachukwu to the National Chairman of the party affirming that the delegates list for the Ikwo and Ezza South Local Governments were forged among other annexures.
Nwufo argued that the crucial issue is the provision of section 87 of the electoral act.
“The plaintiff’s case is that exhibits AP 4 and AP 5 attached to the amended originating summons are the lists of names of delegates that were elected during the congresses.
“These elected delegates ought to constitute the Electoral College that will elect the candidates during the primary election.
“Rather than use this list of delegates elected during the congresses, the 2nd defendant and his Committee members, procured another list, ‘fake list of delegates’ annexed as exhibit AP 8 attached to the originating summons,” Nwufor said.
He said despite claims by the defendants that there was a resolution endorsed by the APC National Working Committee (NWC) on the alleged ‘fake delegates list’ there was no such resolution.
He further explained that the failure of the defendants to annex and tender as exhibit before the court copy of the alleged ‘resolution’ simply meant that it would have been against them.
He urged the Court to invoke section 167 of the Evidence Act in this regard and respectfully enter judgment in favour of the plaintiff.
Responding, Mr J.O. Ibik SAN, counsel to the 1st and 2nd defendants, insisted that as they had already stated in their preliminary objections, the ‘baby’ (the matter) was dead on arrival’.
He said that the plaintiff had no business again since their argument is that the present action against the defendants were statute barred having been commenced 19 days from the Oct. 1 governorship primary election of the APC in Ebonyi.
“The fourth alteration, which is Section 285 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) is clear that every pre-election matter is statute barred after 14 days,” he said.
Ibik who also elaborated on other issues for determination raised by the defendants on the mode of commencement of the suit, insisted that originating summons was not a proper mode of commencing the suit.
“It is only used in the interpretation of documents and not the determination of the genuineness or otherwise of a document”, he said.
According to him, the plaintiff’s case is based specifically on the alleged ‘fakeness’, illegality, fraudulent and other criminal allegations.
The 3rd defendant, through its counsel, Mr Ibrahim Obiahu, an assistant Legal Officer, INEC, Ebonyi on its part asked to be struck out in the matter having not filed any serious cause of action on their own part.
The presiding Judge, Justice Phoebe Ayua after listening to submissions of all parties in the matter adjourned to March 6 for judgement.
“Having listened carefully to the arguments and submissions of all the parties and in view of the sensitive nature of the matter, enough time is needed to prepare the judgement hence this case is adjourned to March 6 for judgement,” Ayua said. (NAN)