The motion for the case was heard today and parties argued their various applications before the court. Thereafter, Justice Evoh Chukwu fixed 24th February2016 for ruling. Nurudeen Jimoh led legal team of Senator John Akpanudoedehe in the absence of Mahmoud Magaji SAN; Austin J. Otah Jr (Esquire) represented 1st Respondent ie APC.
while Solomon Umoh SAN, was the Senior Counsel for Umana Okon Umana.
The entire process (including the preliminary issues) lasted approximately three hours.
Udoedehe is Asking the Court to Disqualify Umana the case was filed since January 2015, it was wrongfully dismissed and struck out on July 6 last year when it was actually fixed for July 8 for hearing by Justice Evoh Chukwu following misinformation by the court’s registrar.
The Counsel to the plaintiff, Mahmud Magaji (SAN) went to Court on the fixed date only to be told that Justice Chukwu had called the case on July 6, 2015 and dismissed it based on lack of diligent prosecution.
However, Udoedehe through his Counsel approached the court on Wednesday with an application asking for the re-listing of the suit.
The plaintiff had following the December 5, 2014 primaries, which saw Umana emerge as the party’s flagbearer, went to court seeking a declaration that he was the rightful candidate who scored the lawful votes cast during the party’s congress.
His prayers has however received a boost as both the state elections Tribunal, which sat in Abuja and the Court of Appeal, had ruled that elections were not properly conducted and directed the Independent National Electoral Commission [INEC] to conduct a fresh election in the state.
"According to Section 87(9) of the Electoral Act 2010 (as ammended) only an aspirant, who participated in a primary election can challenge it's outcome.
Udoedehe is depending,on Uzodinma vs Senator Osita Izunaso, where the court insisted that ”a political party must obey its constitution”.
Justice Onnoegen, who read the lead judgement,then, however, said the court would giving reasons for its judgement on Friday, May 20, 2011.
Had stated that justice in the case should not be done outside the guidelines of the party and added that the root cause of a large number of the cases could be traced to the actions or inactions of political parties.
the many issues being sought for determination include and are not limited to ;
Umana was not a registered member of the party APC as at the day he bought his form to contest, he did not register in his ward and had not gotten a waiver, having decamped less than one week sinced he was battling with the pdp in court having being the first person to purchase its pdp forms.
He did not get a ratification of the party state working committee or Caucus to be eligible to have emerged concensus candidiate a requirement of the party constitution.
He was still active in a court case against the PDP in the federal high court, abuja presided over by the Hon. Justice F.A. Ademola of which he got an interim injunction on 7th and extended injuction on the 24th november to restrain the peoples democratic party (pdp) from excluding or in any way or manner preventing him mr umana okon umana –the plaintiff from participating in the governorship primaries of the party in akwa ibom state slated for the 29th november, 2014 while he decamped on the 28th and had not exhausted what he sought the courts for.The APC party guidelines were not followed in whatever contraption produced him as flagbearer of apc and was seriously involved in acts of violence,considering the fact that the delegates list was completed months before he defected into the party,he needed to assure himself of delegates in this manner by inflicting injuries to many genuine delegates queuing for accreditation. The security report on the primaries attest to these facts.
The election committee report submitted by Ezenwa Joe Ikwuaju remonstrated against these illegalities and desperation and the APC primaries appeal panel reports set up and also tendered to the courts have said so also
The APC primaries which produced him was a mockery of democracy, elections was conducted by House of Assembly candidates who are Umana Umana supporters,including house member representing abak and nsit atai, kokoette effiong abia and Mr john Harry.
There was no party primaries conducted,as adhered to by the national party legal teams and party guidelines. Section 14 of the guidelines says accreditation shall be done btw the hours of 8am to 12 noon and any delegate aspirant or agent who arrives after commencement shall not be allowed to vote,umana claims an unknown electoral process called option A4 produced him as candidiate ,section 14f says members shall vote by secret ballot at the state capital and the non delegates head count was a serious infraction of the guidelines no matter how well advised
These are some of the mute and aphasiac points which the Court will have to disencumber.
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