By Martins Odeh
The Court of Appeal on Thursday in Abuja dismissed a movement in search of to restrain Independent National Electoral Commission (INEC) from conducting the re-run election into the Anambra Central Senatorial District.
Delivering the judgment, Justice Abubakar Yahaya held that the sooner order made on Nov. 20, 2017 directing INEC to conduct election for the senatorial seat inside 90 days couldn’t be reversed.
The decide stated such motion was not recognised by the court docket’s follow route, including that the panel wouldn’t succumb to an invite to make mockery of the judiciary.
“The court hereby refuses to grant the request for the postponement of the election already scheduled for Saturday,” the decide held.
Yahaya additionally stated that the court docket couldn’t compel INEC to make any undertaken to postpone the election over an utility that was not ripe for listening to.
“For the avoidance of doubt, we have now not restrained INEC from conducting the election as ordered by this court docket on Nov. 20, 2017’’, Yahaya stated.
The News Agency of Nigeria (NAN) reviews that Sen. Ani Okonkwo, an aggrieved aspirant of the Peoples Democratic Party (PDP) had approached the appellate court docket with the appliance.
Okonkwo had via his counsel, Chief Solomon Umoh (SAN), looked for depart to enchantment in opposition to the Nov. 20, 2017 resolution of the court docket of enchantment, which ordered INEC to conduct a re-run election in that senatorial district inside 90 days.
Okonkwo had claimed that he was curious about difficult the choice of the appellate court docket final 12 months as a senatorial aspirant.
He, nonetheless, averred that the appliance couldn’t be entertained as a result of most events joined within the utility weren’t served with the court docket processes.
In order to meander this authorized tight nook, Okonkwo then utilized for an adjournment to allow him impact service on all of the events.
Worried that he might lose out because the election had been slated for Jan.13, the applicant filed a movement in search of the court docket to bar INEC from holding the election pending the dedication of his enchantment.
He additionally urged the court docket to compel INEC’s counsel, Mr Tanimu Inuwa, to make an undertaken within the open court docket that INEC wouldn’t go forward with the election having been conscious of his pending utility.
The counsel for INEC instantly objected to the request on the bottom that vast public fund had been expended on preparation for the ballot.
Inuwa additionally stated he didn’t have the powers to make any undertaken to postpone the ballot due to the subsisting enchantment court docket judgment of Nov. 20.
He submitted that call compelling his shopper to carry the election inside 90 which was billed to run out on Jan.13.