A federal High Court sitting in Abuja will on November 23, 2015 rule on a motion brought before it by a leading aspirant of the All Progressives Congress (APC) in Akwa Ibom State Senator John Akpan Udoedehe challenging the candidacy of Mr Umana Umana in the concluded April 11, governorship election.
Senator Udoedehe urged the Court to stop Obong Umana Okon Umana from parading himself as APC gubernatorial candidate as the alleged APC governorship nomination exercise was fraudulent, against INEC guidelines, and violated the party’s Constitution.
Udoedehe asked the Court to grant him an expertite action that will stop Umana from parading himself as the APC candidate and that all post election cases in which Umana is posing as the candidate of the APC should be placed on hold pending the determination of his suit.
Justice Chukwu’s court set aside November23, 2015 to rule on the motion.
Meanwhile, both Umana Okon Umana and Governor Udom Emmanuel had cross appealed the ruling of the governorship elections tribunal at the Appellate Court and proceedings is billed to commence on November 21, however should the High Court rule in favor of Udoedehe’s prayers all other appeals will be suspended.
Injunctions are usually issued only in cases where irreparable injury to the rights of an individual would result otherwise. It must be readily apparent to the court that an act has been performed, or is threatened, that will produce irreparable injury to the party seeking the injunction.
It would be recalled that a similar pre-election matter threw up itself in the Taraba Governorship election that ruled against Governor Ishiaku .
The crux of the Taraba state tribunal judgement is that there was no valid gubernatorial primary election held by the Peoples Democratic Party in Taraba state.
In Akwa Ibom, the APC flagbearer was alleged to be foisted against the wishes of the bulk members of the party and was never a registered member of the party in his ward when the purported illegal primary was conducted.
Senator Udoedehe urged the Court to stop Obong Umana Okon Umana from parading himself as APC gubernatorial candidate as the alleged APC governorship nomination exercise was fraudulent, against INEC guidelines, and violated the party’s Constitution.
Udoedehe asked the Court to grant him an expertite action that will stop Umana from parading himself as the APC candidate and that all post election cases in which Umana is posing as the candidate of the APC should be placed on hold pending the determination of his suit.
Justice Chukwu’s court set aside November23, 2015 to rule on the motion.
Meanwhile, both Umana Okon Umana and Governor Udom Emmanuel had cross appealed the ruling of the governorship elections tribunal at the Appellate Court and proceedings is billed to commence on November 21, however should the High Court rule in favor of Udoedehe’s prayers all other appeals will be suspended.
Injunctions are usually issued only in cases where irreparable injury to the rights of an individual would result otherwise. It must be readily apparent to the court that an act has been performed, or is threatened, that will produce irreparable injury to the party seeking the injunction.
It would be recalled that a similar pre-election matter threw up itself in the Taraba Governorship election that ruled against Governor Ishiaku .
The crux of the Taraba state tribunal judgement is that there was no valid gubernatorial primary election held by the Peoples Democratic Party in Taraba state.
In Akwa Ibom, the APC flagbearer was alleged to be foisted against the wishes of the bulk members of the party and was never a registered member of the party in his ward when the purported illegal primary was conducted.
As alleged by Senator Udoedehe, Umana is accused of not being eligible for election having not met the electoral requirements of the party, but was handpicked by National leadership of the party.
The same lawyer Mr Mahmud Magaji (SAN), who successfully won the Taraba case is the counsel for Sen. J.J. Udoedehe while Bar Victor Iyanam represents Mr. Umana Umana.
The Akwa Ibom APC spokesperson Mr Ita Awak had tried in vain to throw a hood over the ongoing litigation against the candidacy of Mr Umana Umana, denying in interviews that there is no such case at the court.
The same lawyer Mr Mahmud Magaji (SAN), who successfully won the Taraba case is the counsel for Sen. J.J. Udoedehe while Bar Victor Iyanam represents Mr. Umana Umana.
The Akwa Ibom APC spokesperson Mr Ita Awak had tried in vain to throw a hood over the ongoing litigation against the candidacy of Mr Umana Umana, denying in interviews that there is no such case at the court.
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