16th February, 2011
Respite came the way of the Enugu state Governor, Mr. Sullivan Chime as a Federal High Court sitting in Abuja on Tuesday vacated the interim order of injunction restraining the Independent National Electoral Commission, INEC, from recognising him as the governorship candidate of the Peoples Democratic Party, PDP, in Enugu state.
While lifting the order it made on 31st January, 2011, the court presided by Justice Abdul Kafarati observed that PDP has already submitted the name of Governor Sullivan as its candidate for the said poll contrary to the submission of Mr. Anayo Onwuegbu who secured the interim order.
Also in his ruling, the Judge resolved the issue of jurisdiction in favour of Mr. Onwuegbu saying that the court has jurisdiction to hear the suit.
The court adjourned hearing of the substantive matter to 23rd February.
It would be recalled that the electoral umpire had last Monday asked the court to vacate the interim order restraining it from giving recognition to Governor Sullivan Chime as the governorship candidate of the Peoples Democratic Party, PDP, in Enugu State.
Arguing through its lawyer, Mr. Onyechi Ikpeazu, a senior advocate of Nigeria, the electoral umpire told the court that if the interim order was not vacated, it may affect the chances of the PDP in fielding a gubernatorial candidate for the scheduled April general elections in the state.
The order of the court delivered on the 31st January, had also restrained the PDP from submitting Gov Chime’s name to the INEC, as its candidate for the said poll, pending the hearing and determination of the suit filed by Mr. Onwuegbu and 38 other contestants challenging Governor Chime’s candidacy.
Though the court ordered PDP not to submit list of its candidates for Enugu state to INEC, the party informed court that it had already sent Chime’s name to INEC before the order was made.
The party represented by its National Legal Adviser, Chief Olusola Oke, equally urged the court to set-aside the restraining order, contending that the High Court lacks the jurisdiction to stop an already perfected act.
PDP argued that it forwarded the name of Gov Chime alongside other candidates vying for various positions in the state, to INEC on January 17, for publication, before the restraining order was made.
By Nnamdi Felix / Abuja