Nasarawa guber poll: Court summons INEC over omission of LP’s candidate

The Federal High Court Abuja, on Monday, summoned the
Independent National Electoral Commission (INEC) and the Labour
Party (LP) over the omission of the name of Mr Umaru Angibi, LP’s
candidate and party logo from the ballot papers for the 2019
Nasarawa governorship poll.

Justice Nkeonye Maha, who gave the order in an exparte motion
with suit number: FHC/LF/CS/9/19 filed by Counsel to Angibi, Joshua
Barau, directed the applicant to serve INEC and LP through
substituted means within 24 hours of the order.

Justice Maha also ordered that the defendants/respondents should
respond within 48 hours of the service and adjourned the matter
until Sept. 5 for further hearing.

The judge directed that INEC should equally be served with the
hearing notice coming up on Thursday, Sept 5.
News Agency of Nigeria (NAN) reports that while Mr Angibi is the
plaintiff/applicant, INEC and Labour Party are 1st and 2nd
defendants/respondents respectively in the case.

Barau, who is the Counsel to Angibi, had approached the court in
accordance with Order 26, Rule 8 and Order 6, Rule 5 of the Federal
High Court (Civil Procedure) Rules, 2019! Order V, Rule 9 of the
Federal High Court Act and under the inherent jurisdiction of the
honourable court.

The applicant had sought for an order for leave to issue and
serve the originating summons and other court processes in the suit
on Labour Party by pasting the notice on the entrance gate of the
party at No. 29, Oke Agbe Street, Off Ladoke Akintola Boulevard,
Garlic II, Abuja.

He also sought an order of substituted service of all the
processes in the suit on Labor Party by serving same at its
national headquarters at the same address as above.

“The applicant seeks an order abridging the time within which
the respondents may file and serve their memorandum of appearance
and their defence in this suit and for such further order(s) as the
honourable court may deem fit to make in the circumstance,” Barau
told the judge.

NAN reports that Barau had told Justice Maha that INEC and
Labour Party failed to comply with the Electoral Act during the
2019 governorship election in Nasarawa State.

“The election, having been conducted by the 1st respondent
without including the plaintiff/applicant’s name and party
logo.

“This matter was filed since March 7. It is important that this
court abridge the time within. which the respondents may file their
defence so that the matter can be heard and disposed of within the
time left,” the lawyer said.

He said although INEC had always received the court processes,
it had never showed up for hearing.

He urged the court to grant their prayers, citing relevant
sections of the law and previous case to back his argument.

In an affidavit deposed to by Umaru Angibi in support of the
exparte motion, the aggrieved candidate said he was the
governorship candidate of Labour Party for the 2019 poll.

He said the matter came up on four occasions in the Lafia
Division of the Federal High Court before it was transferred to the
Abuja Division.

He said each time, the 2nd defendant/respondent did not come
despite several attempts by the bailiff to serve originating
processes and hearing notice on it.

The applicant said “that the 2nd defendant at all material time
always refused, declined accepting service of the orientation
processes in the guise that the person responsible for receipt of
same is not on sit and no other person can accept to receive
processes except him.

“Attached is the affidavits sworn to by the court bailiffs
marked as exhibits A, A1, A2 and A3.

“That personal service on the 2nd defendant/respondent of the
originating process and all other processes filed and/or to be
filed in this suit will be impossible and inconvenient as nobody
may be found there at the time of attempting to serve the 2nd
defendant/respondent personally or everyone around decline to
accept service as they have always done since this originating
process was filed.

‘I verily believe that it is a matter of urgency that this suit
is heard speedily and time within which the respondents may file
their defence to the suit be abridged,” he said.

Angibi urged the court to grant his application in the interest
of justice and that “the defendant/respondent will not be
prejudiced by the grant of same.”

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