Justice Inyang Ekwo of the Federal High Court in Abuja has refused the request by the Lamidi Apapa’s faction to stop the candidate of the Labour Party, Athan Achonu from contesting this Saturday’s Governorship election in Imo State on the platform of the party.
The request brought by the faction through its counsel, Mohammed Ndarani Mohammed, a Senior Advocate of Nigeria was outrightly rejected by the Judge on Friday for being premature.
At Friday’s ruling, Justice Ekwo held that he had perused through the affidavit evidence of the Independent National Electoral Commission (INEC) and that of Apapa’s side and found contentious issues that cannot be resolved through the ex-parte motion as sought by Apapa’s side.
Justice Ekwo said from the totality of the claims by Apapa’s faction and the counterclaims of INEC, the dispute is deeply rooted and cannot be resolved through the granting of interim injunction as requested by Apapa’s group.
“From the averments of INEC and the claims of the plaintiffs in this matter, it is crystal clear that contentious issues that cannot be resolved through ex-parte means are involved.
“That being the case, I am of the opinion that the interest of justice would be better served if this matter is determined on its own merit and not through ex-parte application as requested by the plaintiffs.
“More importantly, the issues raised by INEC in its affidavit to show cause on why an injunction should not be granted are not controverted, hence, the means of showing cause is not designed to resolve this kind of sensitive issues.
Apapa’s faction had in the ex-parte application marked FCH/ABJ/CS/1357/2023, applied for an order of interim injunction restraining INEC from recognizing or according recognition to any other person laying claim to the gubernatorial ticket of the party in Imo State slated for November 11 other than Chief Ukaegbu Ikechukwu Joseph who emerged from its .primary election of April 16, 2023.
The group also sought for an order of mandatory injunction compelling INEC to recognize and upload the name of Ukaegbu Joseph as the authentic gubernatorial and flagbearer of the party in Imo State.
The faction further demanded for a mandatory order against INEC that the name of Lamidi Apapa be uploaded as the national chairman of the party as well as Lawal Saleh as national secretary.
Justice Ekwo has, however, ordered the two parties to appear before him on November 23 to present their cases for determination on merit instead of ex-parte application.
At Friday’s proceedings, the INEC recognized Labour Party’s candidate, Athan Achonu represented by lawyer Okwudili Anozie, who had sought to be joined in the suit. The Judge, however, directed him to file his process within seven days and come back on November 23.
The governorship candidate claimed that he became aware of the existence of Apapa’s suit through media publications and asked the court to allow him to join to be able to defend his nomination.
