Court Okays Gov Sullivan For Enugu Guber Election

A federal high court in Abuja on Wednesday dismissed the suit filed by Enugu State governorship aspirant under the platform of the Peoples Democratic Party, Engr. Anayo Onwuegbu on the ground that it constitutes an abuse of court process.

In dismissing the suit filed by the Onwuegbu and his running mate, Mr. Uche Ogbu, the court presided Justice Abdul Kafarati, noted that the issue in question is subject matter of litigation in another court.

The Governor, through his counsel, Mrs. Anayo Offia, a senior advocate of Nigeria, had told the court that the subject matter of Engr. Onwuegbu’s suit was subject of litigation in the High Court of Enugu state and the Court of Appeal, Enugu Division and therefore cannot survive in Federal High Court Abuja.

It would be recalled that on the 16th of February, 2011, vacated an interim order of injunction restraining the Independent National Electoral Commission, INEC, from giving recognition to Governor Sullivan Chime as the governorship candidate of the Peoples Democratic Party, PDP, in Enugu state.

In lifting the order which it made on J 31st January, the court observed that PDP has already submitted the name of Governor Sullivan as its candidate for the said poll contrary to the submission of Engr. Onwuegbu and his running mate, Mr. Uche Ogbu.

INEC through its lawyer, Mr. Onyechi Ikpeazu, a senior advocate of Nigeria, had told the court that if the interim order was not vacated, it may affect the chances of the PDP fielding a gubernatorial candidate for the scheduled April general elections in Enugu state.

The party which was represented in court 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 had also argued that it had forwarded the names 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.

The court also slammed a cost of one Hundred Thousand Naira against Engr. Onwuegbu and in favour of the defendants in the suit.

By Nnamdi Felix / Abuja