By Ikechukwu Nnochiri
ABUJA—A Federal High Court sitting in Abuja, yesterday, summoned the chairman of the Independent National Electoral Commission, INEC, Prof Attahiru Jega to appear before it today over a suit asking it to abort the governorship election scheduled to hold in Bayelsa State tomorrow.
The African Renaissance Party (ARP) and its governorship candidate in the state, Chief Kenneth Gbaliga Gbalikuma, went before the high court yesterday, to seek an order of interim injunction restraining INEC and its chairman, Jega, from conducting election into the vacant office of the governor of Bayelsa State slated for tomorrow, pending the hearing and determination of their motion on notice.
They sought a declaration that by the combined effect of the subsisting judgment of the Supreme Court in a consolidated suit involving the five sacked governors, and the judgment of the apex court in the case of Osun State INEC& Anor vs Action Congress&Ors (2011) vol 42 WRN 1-92 and provisions of section 30 of the Electoral Act, 2010, the 12 days notice of the election into the vacant office of governor of Bayelsa State by the defendant is null and void as it is inconsistent with provisions of section 30 of the Electoral Act.
The plaintiffs through their counsel, Mr Kayode Ajulo, further urged the court to declare that INEC cannot validly conduct election into the vacant office of governor of Bayesla State without giving statutory notice in accordance with section 30 of the Electoral Act.
Consequently, they are seeking for an order directing all parties to the suit to maintain status-quo on any matter arising from the conduct of election into the office of Bayelsa State governor pending the outcome of the suit.
The plaintiffs argued that unless the declaration and orders sought are granted, the defendant will jointly and severally occasion acts of illegality on the conduct of the said election which will infringe upon the plaintiffs rights.
Though they approached the court via an ex-parte application, however, Justice Donatus Okorowo, insisted that they should serve hearing notice to the INEC chairman to enable him appear in court and enter his own defence today.
Meanwhile, in another development, the court earlier ordered the electoral body to include the name of the governorship candidate of the African liberation Party, ALP, Chief Dumbo Hink and his running mate Mr. Adigio Austine Inangaebite on its list for the governorship election.
The order was sequel to a motion ex-parte that was filed by the national chairman of the party, Chief Emmanuel Osita Okeke, who went before the court to challenge the exclusion of the party’s candidates from the poll.
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