Mr. Emeka Osita Onwubuya, a House of Assembly aspirant for Njikoka state constituency II, has asked the Federal High Court sitting in Awka to stop All Progressives Grand Alliance (APGA) from submitting the name of his opponent in the primary election of the party as candidate for the election.
Onwubuya also asked the court to restrain the Independent National Electoral Commission (INEC) from recognizing his opponent, Peter Ibida, who he claimed he defeated during the party primaries as candidate for the House of Assembly election coming up in 2019.
Joined in the suit was Hon. Ibida as second defendant.
Onwubuya posed two questions for determination in the suit No.FHC/AWK/CS/2018 before Mr. Justice Bature Gafai namely: whether by the combined provisions of section 87(1)(2)(3)(4)(5) and (7) of the Electoral Act 2010 as amended and Article (46)(9) of APGA electoral guidelines for conduct of primary election for the 2019 general election, APGA can declare the second defendant (Peter Ibida) its candidate for Njikoka state constituency II and effect given to such declaration by Independent National Electoral Commission (INEC) when Ibida did not poll the highest votes cast at the primary election of APGA held on October 4, 2018; whether he, Onwubuya, is the authentic and duly nominated or elected candidate of APGA for Njikoka state constituency II, having complied with all the requirements of APGA and also having polled the highest number of votes cast by the statutory delegates and aspirants at the primary election of APGA held on October 4, 2018.
In the light of these, Onwubuya, prayed the court among other things to stop APGA from declaring Ibida its candidate for Njikoka state constituency II when he did not poll the highest votes cast at the primary election held on 4th October, 2018; an order of injunction restraining APGA either itself, officers, privies, staff or through any person from submitting the name of Ibida as its candidate for Njikoka state constituency II for the 2019 general election.
He is also praying an order of injunction restraining APGA from recognizing, accepting and dealing with Ibida as the authentic candidate or allowing Ibida to participate in the House of Assembly election slated for March 2, 2019; an order nullifying or setting aside any purported submission and or forwarding by APGA, Ibida’s name as the candidate for the 2019 general election for Njikoka state constituency II and an order declaring him, Onwubuya, as the winner of the APGA election conducted on 4/10/2018.
When the matter came up for hearing yesterday, counsel to the plaintiff Tochukwu Maduka prayed for accelerated hearing.