Katsina court rules on Abia Central APC case today

Gavel PHOTO: getty images

The Federal High Court sitting in Katsina State will, today, rule on the application for joinder by Sam Onuigbo in the suit filed by the All Progressives Congress (APC), Emeka Atuma and 15 others against the Independent National Electoral Commission (INEC).

APC, Atuma, Emejiaka and 14 others had sued INEC at the Katsina Division of the Federal High Court presided over by Justice Mohammed Abubakar in FHC/KT/CS/49/2022 to sustain the party’s wrongful substitution of winners of primary elections for various positions.

In the suit, APC and the 16 others are seeking “an order of interim injunction restraining the defendant from causing the plaintiffs/applicants irreparable political damage by directing the names, details and documents of the second to 17th plaintiffs herein, whether by opening its electronic platform or by receiving surface/hardcopies of names, details and documents to temporarily conclude the nomination of the second to 17th plaintiff as candidates of the first plaintiff, pending the determination of the motion on notice for interlocutory injunction.

But getting wind of the case, Onuigbo, who reportedly won the primary for Abia Central Senatorial District, approached the court pleading to be joined since, according to him, the plaintiffs’ prayers would jeopardise his position as the winner of the primary election.

Justice Abubakar had earlier rebuffed the prayers of the plaintiffs while ruling on the ex parte order filed by the plaintiffs’ counsel Abdulgani Arogo, even as he ordered the plaintiffs to serve the defendants with the motion on notice already filed before the court.

“That, however, in view of the fact that the matter relates to the forthcoming general election and in order to give effect to Rule 1 of the Federal High Court Practice Direction on Pre-election Matter 2022 and the applicants’ affidavit of urgency, the five days given to the respondents by Rule 7 (2) of the aforesaid Practice Direction to file their counter-affidavit and written address, is hereby abridged to only two days with effect from the day of service,” Justice Abubakar further ruled.

However, there was a sudden twist in the case on the return date of July 18, when the plaintiffs sought for the expunging of other 16 plaintiffs’ names except the first plaintiff, APC.

Arguing his application for joinder, Onuigbo’s counsel insisted that since the prayers were to be retained, his client should be joined in the matter, so as not to leave him with unintended damages.

In his affidavit, Onuigbo contended that he is the rightful candidate of the first plaintiff, but regretted that on June 16, 2022, a day to the last day for political parties to submit their list of candidates to INEC, the first plaintiff replaced his name with one Chief Emeka Atuma (second plaintiff) as the candidate of APC for Abia Central Senatorial District.

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