The Action Peoples Party (APP) has prayed a Federal High Court in Abuja to nullify the election victory of the party’s candidates in the Rivers Local Government (LG) poll held on Oct. 5.
The plaintiff, Juboye Abraham, in the suit marked: FHC/ABJ/CS/1464/2024 filed by his lawyer, Ukpai Ukairo, urged Justice Binta Nyako to make order setting aside the candidacy of the APP in the election.
He also prayed the court to nullify all the votes cast for the state’s local government chairmen on the APP platform for being in breach of Section 225(A) of the 1999 Constitution (as amended) and the Rivers Local Government Law.
The News Agency of Nigeria (NAN) reports that in the suit dated and filed on Oct. 4, Abraham sued Independent National Electoral Commission (INEC), APP and Rivers State Independent Electoral Commission (RSIEC) as 1st to 3rd defendants in the suit.
He also joined the elected LG chairmen including Chijioke Ihunwo, Ezebunwo Ichemati, Chief Brain Gokpa, David Omereji, John Ngubo-Otamiri, Promise Reginald, Mathew Dike, Enyiada Cookey-Gam, Anengi Barasua Claude-Wilcox, Dr Igwe Achese, and Prince Isaac Umejuru as 4th to 14 defendants.
Others are Ms Tonye Oniyide-Briggs, Dr Harry Agiriye, Dr Gift Okere, Vincent Reuben Obi, Chibudom Ezu, Itvyekor Ikporo, Lazarus Gogote Nteogwuile, Dr Sule Amachree, Monday Dumye, Israel Abosi, Martins Nwigbo and Engr Ishmael Oforibika as 15th to 26th defendants respectively.
The seven questions sought for determination include “whether by virtue of Section 225(A) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) the 1st defendant (INEC) has the vires to deregister political parties which are in breach of the provisions of Section 225(A) of the 1999 Constitution of the Federal Republic of Nigeria (a amended)?
“If the answer to question 1 above Is in the affirmative, whether the 1st defendant can de-register the 2nd defendant which is in breach of Section 225(A) of the 1999 Constitution of the Federal Republic of Nigeria (as amended)?
“If the answer to question 2 above is in the affirmative, whether the 1st defendant can continue to accord the 2nd defendant (APP) the status and privilege of a political party?
“If the answer to question 3 above Is In the negative, whether the 2nd defendant can function as a political perty in Nigeria?
“If the answer to question 4 above is in the negative, whether the 3rd defendant (RSIEC) can accept the names of the 4th to 26th defendants as the Local Government Council Candidates of the 2nd defendant for the October 5, 2024, Rivers State Local Government Election?
“If the answer to question 5 above is in the negative, whether the 3rd defendant (RSIEC) can place the logo of the 2nd defendant (APP) on the ballot for the October 5, 2024, Rivers State Local Government Election?
“If the answers to questions 5 and 6 are in the negative, whether the court ought to make an order nullifying the standing of the 4th to 26th defendants as candidates in the Local Government election and setting aside any benefit or privilege attendant thereto?”
Abraham, therefore, sought a declaration that it is illegal, unconstitutional and void for INEC to continue to keep APP in the register of political parties in Nigeria when it is manifest that the party is in breach of Section 225(A) of the 1999 Constitution.
He sought an order compelling or directing INEC to exercise its powers under Section 225(A) of the 1999 Constitution to deregister APP as a political party registered in Nigeria with powers to field candidates in any election, having been in breach of the law.
He also sought an order of perpetual injunction restraining the RSIEC from placing APP logo on the ballots for Oct. 5 Rivers Local Government Election, having been in breach of Section 226(A) of the 1999 Constitution.
Abraham further sought an order setting aside the candidacy of the 4th to 26th defendants in the said election and nullifying all the votes cast for them for being in breach of Section 226(A) of the 1999 Constitution and Rivers’ LG law.
When the matter came up before Justice Nyako, Kalu Agu, who appeared for the plaintiff, informed that all the defendants had been served and the matter was slated for mention.
Agu, who said the suit was a pre-election matter, sought a short date for the hearing.
When the judge asked him what the subject matter (res) of the case was all about, he said: “the res is about the non-performance of the statutory responsibility of the 1st defendant (INEC)”
According to the lawyer, the election was conducted on the 5th of October, 2024.
Justice Nyako then told him that they were still within time since the suit was filed via originating summons.
Counsel for APP (2nd defendant), Obed Agu, said though they were yet to file any application, they intend to respond to the plaintiff’s suit.
Obed also told the court that INEC lawyer was in court but stepped out before the proceeding commenced.
The judge consequently adjourned the matter until Feb. 5 for hearing.
She ordered that hearing notices be issued and served on defendants who were not represented in court.
NAN recalls that the LG election was held in the state despite the police withdrawal of security for the exercise.
The police had said that they acted in compliance with a Federal High Court order but RSIEC Chairperson, Adolfus Enebeli, said the commission was buoyed by the Supreme Court judgment and that of Justice Chigozi Igwe of Rivers High Court.
The PDP, which Siminalayi Fubara was elected governor, boycotted the Oct. 5 election, forcing Fubara’s loyalists to seek an alternative in APP, whose candidates eventually won the chairmanship seats.
