By Ise-Oluwa Ige
AbujaÂ – A Federal high court sitting in Abuja yesterday declined an invitation by the opposition Action Congress (AC) to stop INEC from conducting a re-run election into Lagelu Constituency of Oyo State slated for tomorrow.
The trial high court judge who turned down the request said the application brought by the political party to the effect was defective and that its reliefs are consequently ungrantable.
Specifically, the high court yesterday said AC failed to make undertakings for damages to INEC and the Resident Electoral Commissioner (REC) in case their request was found to be frivolous. The judge also said the applicants failed to prove that the balance of convenience was not on their side
The AC and Mr. Supo Omoniyi who are the plaintiffs in the case had dragged both the INEC and its Resident Electoral Commissioner (INEC) in Oyo State before the Abuja Federal high court over their failure to allow AC to substitute Mr. Omoniyi as its candidate for the re-run election.
The Ibadan division of the Court of Appeal had nullified the April 2007 election into the Lagelu Constituency and had ordered that election be conducted within 90 days after the judgment.
But the substantive suit cannot be heard by the trial high court before the date scheduled for the re-run poll, following the on-going vacation in the judiciary.
The plaintiffs who claimed that they wanted to preserve the res of the case had to bring an exparte application before the sitting vacation judge to stop the poll.