UPN Vs INEC: Court Fixes March 24 To Rule On APC's Application

UPN Vs INEC: Court Fixes March 24 To Rule On APC's Application

Justice Okon Abang of the Federal High Court in Lagos will on March 24 decides whether or not join the All Progressives Congress (APC) as a co-defendant in a suit filed by the Unity Party of Nigeria (UPN) against the Independent National Electoral Commission (INEC).

 Justice Abang fixed the date on Friday after listening to argument from all the parties in the case in which UPN want the court to compelling INEC to list its presidential candidate and other candidates for the March 28 and April 11 general elections.

At the resumed hearing of the case on Friday, the counsel who represented the APC, Emeka Ngige (SAN) prayed the court to grant a leave permitting his client to be joined as co-defendant to the suit in order to protect it interest.

Ngige maintained that as a major political party, the APC was battle ready for the polls, and that any order compelling INEC to list UPN candidates would negatively affect not only his client, but the voters who he said are ready to perform their constitutional rights of voting for their proffered candidates come March 28 and April 11.

The lawyer also argued that the UPN's suit was filed on February 25, after the initial dates of the general elections were change.

He said, "The implication, if the UPN's prayer is granted, is that ballot papers and other electoral materials already printed and distributed ahead of the election, would have to be destroyed and new ones printed.

"We are in a race and we are ready to go but someone is trying to draw us back. What we are saying is that time is of the essence because election must be conducted at least 30 days before the end of the tenure of an incumbent administration," he stated.

Ngige also drew the court's attention to a statement issued by the UPN adopting President Goodluck Jonathan as the candidate of the party for the presidential election.

The lawyer further  prayed the court to take judicial notice of a letter written by the UPN to INEC stating that the party was engrossed in internal crisis.

INEC's counsel, Mrs. N.O Taiwo did not oppose the application for joinder. 

However, counsel to UPN, Akinwale Ekunusi urged the court to reject the motion filed by the APC on the ground that no serious reason to justify the application was canvassed before the court.

According to him APC must show real and not speculative interest to join the suit, and that APC was not the only party in Nigeria.

He also wondered how APC knew about the distribution of the sensitive materials for the election, and that it was absurd for APC to be canvassing arguments on behalf of INEC.

Ekunusi faulted a claim by the APC that the grant of the prayers in the suit would rob them of political fortune, adding that such statement was without definition.

Justice Abang, after entertaining arguments, said he would first consider APC's application, after which the outcome would determine the neccesary consequential orders to be made.

UPN's presidential candidate, Helen Godswill had filed the suit alongside other candidates of the party over the non-publication of their names as candidates for the forthcoming general elections.

Godswill, who filed the suit alongside the party and other candidates of the party for election into various elective positions, had accused INEC of failing to publish her name and those of others as required by Section 34 of the Electoral Act.

The UPN Presidential candidate personally deposed to an affidavit in support of the suit wherein she recalled that despite the fact that INEC monitored the primary elections conducted by the party to select candidates for various elective positions, the Commission nonetheless failed to publish their names for the election, thereby disqualifying UPN candidates from participating in the forthcoming general elections.

The other applicants in the suit, who emerged as UPN candidates for elections into Federal House of Representatives and States House of Assembly are Adewale Arogundade, Ganiyat Durowoju Folawewo, Taofeek Adedoyin Adeniyi, Augustine Olatunde Omilabu, Henry Ayoola Abimbola, Olufemi Ajayi Gregory, Towobola Adeola Adebowale, Eberechukwu Orehewere and Ekeata Lydia Onwordi.

Others are Chukwuma Chrithopher Egbukichi, Samuel Ayodeji Ajaka, Ganiyat Olabisi Agboola, Ramota Afolashade Raji, Ramon Oreoluwa Ajanosi and Hakeem Kehinde Olaribigbe.