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INEC dragged to court over Imo State re-run election

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*Seeks to continue Senator Athan Achonu in office as Senator

A Lawyer, Igwe Maduakolam Esq, has dragged the Independent National Electoral Commission [INEC] to court over Imo State North Senatorial District, Okigwe election.

The Plaintiff, through his counsel, Barrister Osuagwu Ugochukwu Esq, is asking the court to declare that INEC has no powers to conduct the said Imo State North Senatorial District, Okigwe since the NINETY DAYS ordered by the Court of Appeal, Owerri has expired.

 He is also seeking an order directing the 2nd Defendant to continue in office as the Senator representing Imo State North Senatorial District in the National Assembly since INEC has failed to conduct the said fresh election within the timeline as ordered by the Court of Appeal, Owerri.

Below is a copy of the suit instituted at the Federal High Court of Nigeria, Abuja:

IN THE FEDERAL HIGH COURT OF NIGERIA

HOLDEN AT ABUJA

SUIT NO: FHC/

BETWEEN

IGWE MADUAKOLAM ESQ                                                 PLAINTIFF                                                                                     

AND

1. INDEPENDENT NATIONAL ELECTORAL COMMISSION

2. SENATOR ATHAN ACHONU                               DEFENDANTS                                                                                

ORIGINATING SUMMONS PURSUANT TO ORDER 3 RULE 6 FEDERAL HIGH COURT CIVIL PROCEDURE RULES 2009;SECTION 140(2) ELECTORAL ACT 2010 AND UNDER THE INHERENT JURISDICTION OF THIS HONOURABLE COURT

Let the INDEPENDENT NATIONAL ELECTORAL COMMISSION; SENATOR ATHAN ACHONU within Thirty (30) days after the service of this summons, inclusive of the day of such service cause an appearance to be entered for him to this summons which is issued upon the application of IGWE MADUAKOLAM ESQ C/O Ugochukwu Osuagwu of PLOT 951 IBM HARUNA, UTAKO, Federal Capital Territory, who claims to be entitled to the reliefs hereafter set out and for the determination of the following questions: 

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1. Whether in the light of the Court of Appeal Owerri judgment delivered on……… which ordered the 1st Defendant to conduct a fresh election into the March 28 2015 IMO STATE NORTH SENATORIAL DISTRICT,OKIGWE within NINETY (90) DAYS which time line having elapsed since March 11 2016 or thereon, the 1st Defendant can still go ahead and conduct the said fresh election outside the NINETY DAYS timeline as ordered by the Court of Appeal.?

The Plaintiff claims against the Defendants as follows:

(1) A Declaration that the 1ST DEFENDANT has no powers to conduct the said IMO STATE NORTH SENATORIAL DISTRICT,OKIGWE outside the NINETY DAYS as ordered by the Court of Appeal, Owerri pursuant to Section 140(2) Electoral Act 2010.

 (2) An ORDER DIRECTING the 2nd Defendant to continue in office as the SENATOR representing IMO STATE NORTH SENATORIAL DISTRICT in the National Assembly since 1st Defendant has failed to conduct the said Fresh election within the timeline as ordered by the Court of Appeal,Owerri delivered on December 11 2015 in suit No CA/OW/ EPT/SN/52/2015.

(3) Any further order (s) as the Court may deem fit and proper to make in the circumstances of this case.   

DATED THIS 26TH DAY OF MARCH, 2016

This summons was taken out by OSUAGWU Ugochukwu of St. Francis Xavier Solicitors & Associates (Legal Practitioners & Consultants) C/O PLOT 951 IBM HARUNA STREET, Utako, Federal Capital Territory, Abuja, and Legal Practitioners/Counsel to the above named Plaintiff.

The Defendants may appear hereto by entering appearance personally or by Legal Practitioner either by handing in the appropriate forms duly completed at the Federal High Court Registry or by sending them to that office by post. 

Note: If the Defendant does not enter appearance within the time and at the place above mentioned such orders will be made and proceedings may be taken as the Judge may think just and expedient    

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SAEALED AT THE FEDERAL HIGH COURT ABUJA

—————–

JUDGE

_______________

REGISTRAR                                                                              

OSUAGWU Ugochukwu Esq

Plaintiff/Counsel

Plot 951 IBM Haruna Street,Utako, Abuja

Tel: 08036108221

FOR SERVICE ON:

1. INEC HQRS

Zambezi Crescent, Maitama, Abuja

2. SENATOR ATHAN ACHONU

Mathan Nigeria Limited,

Plot 2587, Rudolf Close, off Katsina-Ala Crescent, Maitama, Abuja

Tel: 097800574

IN THE FEDERAL HIGH COURT OF NIGERIA

HOLDEN AT ABUJA

SUIT NO: FHC/

BETWEEN

IGWE MADUAKOLAM ESQ                                                 PLAINTIFF                                                                                     

AND

1. INDEPENDENT NATIONAL ELECTORAL COMMISSION

2. SENATOR ATHAN ACHONU  NNEJI                             DEFENDANTS                                                                                                                             

AFFIDAVIT IN SUPPORT

I, IGWE Maduakolam, Male, Christian, Attorney and Nigerian Citizen of Okonjo Iweala Street  Abuja hereby make Oath and state as follows:

1.    That I am the Deponent herein and conversant with the facts in issue.

2.  That I am a member of PEOPLES DEMOCRATIC PARTY with membership card Number 30051.Attached and marked exhibit A1 is a copy of the membership card.

3. That I am an indigene of Imo State and from the IMO NORTH SENATORIAL DISTRICT of IMO State.

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4. That the 1st Defendant is the Federal Agency charged with conducting elections across the Federation of Nigeria.

5. That the 1st Defendant is the duly elected senatorial candidate representing IMO NORTH SENATORIAL DISTRICT of IMO State before the Court of Appeal Owerri in suit No CA/OW/ EPT/SN/52/2015 affirmed the nullification of the MARCH 28 2015 election on ground that 1st Defendant failed to put the Logo of a Political Party (ACCORD PARTY) on the Ballot Papers.

6 That I know as a fact that the Court of Appeal Owerri on December 11 2015 in suit No CA/OW/ EPT/SN/52/2015 affirmed the nullification of the said Election and ordered the 1st Defendant to conduct a fresh Election(Re-run) within NINETY DAYS from the date of the Judgement.

7.    That the said NINETY DAYS timeline ordered by the Court has since elapsed and no election was conducted by the 1ST Defendant.

8.    That I have read through SECTIONS 1-158 of the ELECTORAL ACT 2010 and cannot find any provision for extension of time to comply with Court Ordered Election.

9. That it is in the interest of the people of IMO NORTH SENATORIAL Zone to be duly represented at the SENATE.

10. That for over FIVE Months the IMO NORTH SENATORIAL Zone has not been represented at the SENATE and this has been affecting development in the Senatorial District and the Imo People as a whole.

11.    That it is in the interest of justice to grant this Application and allow the 2ND Defendant continues in office as duly elected Candidate.

12.    That I make this declaration in good faith believing same to be true and in accordance with the Oaths Act 2004.

DEPONENT

SWORN TO at the Federal High Court Registry, Abuja

This………Day of ………………. 2016

BEFORE ME

…………………………………….

COMMISSIONER FOR OATHS

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