A Federal High Court (FHC) in Abuja on Friday dismissed an application aimed at preventing the Enugu State Independent Electoral Commission (ENSIEC) from conducting the local government elections scheduled for Saturday.
Justice Peter Lifu, ruling on the oral application made by Michael Aondoakaa, SAN, representing the All Progressives Congress (APC), stated that halting the election would not serve the interests of justice.
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Additionally, he noted that there was insufficient evidence regarding the proper service of hearing notices to the defendants for the day’s proceedings.
The judge emphasized that under Section 36 of the 1999 Constitution, preventing ENSIEC from proceeding with the Sept. 21 election would violate the principle of fair hearing.
According to the News Agency of Nigeria (NAN), in the originating summons (FHC/ABJ/CS/1325/2024), the APC had sued the Independent National Electoral Commission (INEC), ENSIEC, and Nwanfor Alphonsus Onyeachonam as the 1st, 2nd, and 3rd defendants, respectively. The suit, dated Sept. 5 and filed on Sept. 6, sought nine reliefs.
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These include “an order of perpetual injunction restraining the 2nd defendant (ENSIEC) from conducting any election in Nigeria including the Local Government Election in Enugu State, without the plaintiffs participation through its duly elected principal officer of the State Executive Committee (SEC) registered with the 1st defendant (INEC).”
“An order directing and/or mandating 1st and 2nd defendants to recognise only the democratically elected principal officer of the party’s State Executive Committee (SEC) in Enugu State and registered with INEC in the performance of their constitutional and statutory duties.
“An order of perpetual injunction restraining the 3rd defendant (Onyeachonam) from parading or holding out or further selling the plaintiff’s nominations forms for election or obtaining payments for sale of nomination forms, as the elected principal officer of the plaintiff’s Executive Committee in any election in Nigeria including the Enugu State Local Government election,” among others.
Justice Emeka Nwite of the Federal High Court recently declined to grant an ex-parte motion seeking to halt the Enugu State local government election.
Instead, Justice Nwite ordered an accelerated hearing of the case and approved substituted service of court documents on the defendants. He also issued an order for the abridgment of time.
The case was subsequently transferred to the Chief Judge, Justice John Tsoho, who reassigned it to Justice Peter Lifu for adjudication.
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