Jubilation In Anambra As Umeh Wins In Abuja High court Again Over Candidates’ list

An Abuja High Court yesterday reversed its earlier order restraining the National Chairman of the All Progressives Grand Alliance, APGA, Chief Victor Umeh, from submitting the names of the party’s candidates to the Independent National Electoral Commission, INEC, for the 2015 general elections.

The trial judge, Justice Valentine Ashi, in striking out the order, stated that he was misled into granting the order in the first place as he had now discovered that it had no jurisdiction to entertain the suit as the plaintiff was neither an aspirant nor a person who participated in APGA’s nomination process.

Relying on several Supreme Court decisions, Justice Ashi held that “until a person has participated in the primaries of a political party, he could not approach the court for any purpose. Any such action remains a political question within the exclusive domain of political parties.”

He further declared that “the only recognized exception, where a person can approach the court is under Section 87(9) of the Electoral Act 2010 as amended and this case does not fall within that exception.” 

The court therefore declined jurisdiction on the suit and struck it out.

www.odogwublog.com  recalls that the Court had last Friday, after listening to one Chief Martin Orji through his counsel, Prince Orji Nwafor-Orizu, in an ex-parte motion, granted an interim order restraining Umeh from parading himself as APGA National Chairman and from setting up any committee/panel in respect of primary election in Anambra State for the 2015 general elections, while contesting the same primaries as an aspirant for the Anambra Central Senatorial Zone, pending the determination of the motion on notice.

Justice Ashi further restrained Umeh from submitting any list of the party’s candidates to INEC for the 2015 general elections.

In a swift reaction, Umeh, through his counsel, Patrick Ikwueto, SAN and Chinedu Ezeh, filed a motion asking the court to vacate the said orders on the ground that the court lacked jurisdiction to entertain the suit and that the plaintiff failed and omitted to disclose material facts in support of his ex-parte application.

Nigerian Pilot