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Godwin Tsa, Abuja
The Federal High Court has stopped the Independent National Electoral Commission (INEC) from proceeding with the collation, concluding and announcing the result of the governorship election held on March 9, in Bauchi State.
Justice Inyang Ekwo issued the order following an ex-parte application filed by the All Progressive Congress (APC) and the incumbent Governor of Bauchi State, Mohammed Abubakar.
The enrolled order of the court signed by the Registrar of the court, Mrs. T. O. Ijeoma read: “It is hereby ordered as follows: that parties shall maintain status quo ante this proceedings pending the determination of the substantive matter of this case.
“Case adjourned to March 20 for hearing.”
The plaintiffs had, through an ex-parte motion filed an moved by their counsel, Ahmed Raji (SAN) prayed the court for an order of Interim Injunction restraining INEC from resuming, concluding or announcing the result of the Tafawa Balewa Local Government Area of Bauchi state, in respect of the election to the office of governor of Bauchi state.
When the motion was heard on Monday, Justice Ekwo, in his ruling ordered INEC to appear before him yesterday, to show cause why the order sought by the two plaintiffs ought not to be granted.
However, instead of complying with the order of the court, INEC, represented by a Senior Advocate of Nigeria, Tanimu Inuwa, at yesterday’s proceedings, approached the court with a motion challenging its jurisdiction.
Responding, counsel to the plaintiffs, Ahmed Raji (SAN), objected to the application of INEC, and informed the court that the order issued on Monday, asking the Commission to show cause why the requests of the plaintiffs should not be granted, had not been obeyed.
Raji informed the court that the business before the court was to determine whether the earlier order had been complied with.
He drew the attention of the court to a March 15 press statement issued by an INEC National Commissioner and Chairman Information and Voter Education Committee, Festus Okoye, wherein he announced that the electoral body would resume collation of the Bauchi governorship election.
He added that except the court grants the interim order, the subject matter of the two plaintiffs would be destroyed.
INEC counsel, Inuwa, admitted that the order had not been complied with and requested to address the court, orally, on the issue but the judge refused the request.
Justice Ekwo held that since the ex-parte application was in writing, and duly served on INEC, it behooves on the defendant to appear before the court with a written or formal response.
In his bench ruling, the judge granted the interim injunction restraining INEC from resuming, concluding and announcing the governorship election result in Bauchi state; pending the determination of all issues raised by the plaintiffs in their originating summons.
Justice Ekwo also granted accelerated hearing in the matter and ordered parties to appear before him, today, to present their positions in the substantive matter.
The plaintiffs in their originating summons marked FHC/ABJ/CS/299/2019 are challenging the decision of INEC to resume collation of results of the election that was earlier declared inconclusive.
They prayed the court to compel the electoral body to go ahead with a rescheduled election slated for match 23 instead of reversing itself on the earlier announcement.
