Justice Inyang Ekwo of the Federal High Court in Abuja on
Tuesday stopped the Independent National Electoral Commission
(INEC) from proceeding with the collation, concluding and
announcing the result of the governorship election in Bauchi State
held on March 9 by the electoral body.
The order issued on the strength of an ex parte application
filed by the All Progressive Congress (APC) and the incumbent
Governor of Bauchi State, Mohamed Abubakar, shall however last till
the determination of the suit brought before the court by the two
plaintiffs.
In the ex parte motion, the APC and Abubakar had prayed the
court for an order of Interim Injunction restraining INEC from
resuming, concluding or announcing the result of the Tafawa Balewa
Local Government Area of Bauchi State in respect of the election to
the office of Governor of Bauchi State.
Justice Ekwo on Monday while ruling on the ex parte motion had
ordered INEC to appear before him on Tuesday to show cause why the
order sought by the two plaintiffs ought not to be granted. Instead
of complying with the order of the court, INEC represented by a
Senior Advocate of Nigeria (SAN), Tanimu Inuwa, at Tuesday’s
proceedings approached the court with a motion challenging its
jurisdiction.
Counsel to the plaintiffs, Ahmed Raji SAN, however objected to
the application of INEC, informing the court that the order issued
on Monday asking the electoral body to show cause why the requests
of the plaintiffs should not be granted had not been obeyed.
Raji told the court that the business before the court was to
determine whether the earlier order had been complied with. He drew
the attention of the court to a press statement issued by one
Festus Okoye, INEC National Commissioner and Chairman Information
and Voter Education Committee, dated March 15, 2019, announcing
that the electoral body will resume collation of the Bauchi
governorship election, adding that except the court grants the
interim order the subject matter of the two plaintiffs would be
destroyed.
Responding, Inuwa admitted that the order had not been complied
with and requested to address the court orally on the issue however
his request was refused by the judge.
Justice Ekwo held that since the ex parte application was in
writing and duly served on INEC it behoves on the defendant to
appear before the court with a written or formal response.
In his bench ruling, the judge granted the interim injunction
restraining INEC from resuming, concluding and announcing the
governorship election result in Bauchi State pending the
determination of all issues raised by the plaintiffs in their
originating summons.
Justice Ekwo also granted accelerated hearing in the matter and
ordered parties to appear before him on Wednesday, 20, to present
their positions in the substantive matter.
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