By Ikechukwu Nnochiri
The political impasse in Imo state took a new dimension Wednesday, as the All Progressive Grand Alliance, APGA, and its governorship candidate in Imo State, Owelle Rochas Okorocha, pleads a Federal High Court in Abuja to stop the Independent National Electoral Commission, INEC from conducting supplementary elections in the state Friday.

The party invoked the original jurisdiction of the High Court via a motion on notice it filed through its counsel, Professor Francis Dike, SAN, wherein it sought two injunctive reliefs.

Considering the nature of the case, the motion has been fixed for hearing Thursday before Justice Donatus Okorowo.

The plaintiffs warned that unless the court stops the election, there might be a breakdown of law and order in Imo State come May 6.

They are specifically seeking an order of interlocutory injunction suspending the decision of INEC to conduct supplementary election or any other election howsoever called on the May 6th, 2011 or any other date, into the office of the Governor of Imo State, pending the hearing and determination of the substantive suit.

“An order of interlocutory injunction restraining INEC from taking any step whatsoever or conducting supplementary elections or any elections howsoever called on the May 6th, 2011 or any other date into the office of the Governor of Imo State pending the hearing and determination of the substantive suit.

In asking the court to stop the supplementary elections in Imo, they raised several grounds upon which the court should rely in granting them the reliefs among which were:

“That election into the office of the governor of a state by law must be conducted not earlier than 150 days and not later than 30 days before the expiration of the term of office of the last holder of that office”.

The applicants insisted that the last day for the conduct of election into the office of the governor of Imo state is the 27th, April, 2011.

“That the period between May 6, 2011 and May 27th, 2011 which is the last day before the expiration of the tenure of the last holder of the office of the governor of Imo State which expires on 30th May, 2011 is less than 30 days limited by law.

According to the processes they filed in court, the cancellation of Mbaitolu Local Government Council election and result after same was declared by the appropriate/ designated officer of INEC was ultra vires the powers of the commission.

In a 25-paragraphed affidavit that was attached to the suit, the responent, Mr. Jude Nsofor, averred that Okorocha won 12 out of the 24 local government councils where election was held while the Peoples Democratic Party’s candidate, Ikedi Ohakim won 11.

According to him, by the released result of the Mbaitolu Local Government Area by INEC upon conclusion of the election in the council area, they led the other contestants with 17, 757 votes while the PDP runner up scored 12,440 votes.

He stated thus:”That of the said 11 Local Government Areas declared to have been won by the PDP, the plaintiffs also scored not less than 25 per cent of total votes cast in five of the council areas namely, Aboh-Mbaise, Ahiazu-Mbaise, Ikeduru, Nwangele and Ezinihitte Mbaise local government areas.”

He maintained that the plaintiffs scored 299,253 votes out of the total votes cast in the election including Mbaitolu LGA result while PDP, the runner up scored 291,365 votes.

He said that when the results of the election in Mbaitolu LGA were added the plaintiffs had scored not less than 25 per cent of the total votes cast in 18 local government areas being two-thirds f the 27 local government areas of Imo State.

He contended that unless INEC was stopped by the court, it would go ahead to conduct an illegal election in Imo State.

“Unless the defendant is immediately restrained by this court, the defendant will proceed with the conduct of the said supplementary election which may liekly lead to break down of and order,” he added.