An Awka Federal High Court presided over by Hon Justice M.L Abubakar has
reserved ruling to 12 December 2013 in an application for interlocutory
injunction brought before it by the embattled chairman of the Anambra state
Independent Commission(ANSIEC), Prof Titus Eze against the Independent National
Electoral Commission (INEC) and the ANSIEC, seeking to stop the state
government from going ahead with conducting council election on Dec 21, 2013,
as already fixed.
At the resumed hearings in matter yesterday, Prof Eze, through his lead
counsel, Chief Nnamdi Ibegbu(SAN) applied for an injunction to stop the scheduled
election pending the determination of the substantive suit. The main suit
according to Chief Ibegbu bothers on the position of the chairman.
He disclosed that based on the laws governing the Local Government elections
and the ANSIEC, there would indeed be no council election in the state without
the Chief Electoral Officer who is the chairman, in place.
So, in deference to the views and submissions of Mr A Ajugbo, counsel to the
ANSIEC, who told the court that going by Sec 87(11) of the Electoral Act, that
no injunction can stop the election.
He also noted that “based on this point, it is therefore out of the
jurisdiction of the court to delve into the matter.. .”, Ajugbo pointed
out. Siting Amechi Vs INEC, 2008 NWLR pt1080, he described the matter as a pre-
election issue which outlives the conduct of the election in question. More so
that there is indeed no urgency in the master, ” as no amount of urgency
should compel a court to make an order when its jurisdiction is being
challenged”.
But Ibegbu in a cross reply described the matter as a special case which needed
speedy determination, since the plaintiff(Prof Eze) as the Chief Electoral
officer was being excluded in the conduct of the election. He referred the
court to his written submissions, especially p5(4-7), and p6(1-3)
He stated that the situation was not same or even similar to the Amechi case
being referred to by the defendant’s counsel, because the chairman of INEC was
in place and on his seat. He said that state Local Government Laws apply in the
states and there was need to determine the suit before any council election
would be conducted in the state. That no such election would be conducted
without the chairman who is the chief electoral officer.
The ruling has therefore been fixed for Dec 12, 2013, when hearing on the
matter would resume. Prof Eze was in court.
