THE Federal High Court sitting in Abuja on Tuesday stopped the Independent National Electoral Commission (INEC) from proceeding with the collation, concluding and announcing the result of the March 9, 2019 governorship election held in Bauchi State.
The order, which was made yesterday by the trial Judge, Justice Inyang Ekwo followed an exparte application filed by the All Progressives Congress (APC) and the incumbent Governor of Bauchi State, Mohamed Abubakar.
According to the Judge, the exparte order shall last till the determination of the suit brought before the court by the two plaintiffs.
The APC and Abubakar prayed the court in the exparte motion 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.
Justice Ekwo had, on Monday while ruling on the exparte motion, ordered INEC to appear before him on Tuesday to show cause why the order sought by the two plaintiffs ought not to be granted.
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Instead of complying with the order of the court, the electoral body, represented by Tanimu Inuwa (SAN) at Tuesday’s proceedings approached the court with a motion challenging its jurisdiction.
Counsel to the plaintiffs, Ahmed Raji (SAN), however, objected to INEC’s application, informing the court that the order issued on Monday asking the electoral body to show cause why the requests of the plaintiffs should not be granted had not been obeyed.
Raji told 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 press statement issued by one Festus Okoye, INEC’s National Commissioner and Chairman Information and Voter Education Committee, dated March 15, 2019, announcing that the electoral body will resume collation of the Bauchi governorship election, adding that except the court grants the interim order, the subject matter of the two plaintiffs’ suit would be destroyed.
Responding, Inuwa admitted that the order had not been complied with and requested to address the court orally on the issue.
However, his request was refused by the trial judge, who held that since the exparte application was in writing and duly served on INEC, it behoves on the defendant to appear before the court with a written or formal response.
Ekwo, in a bench ruling, granted the interim injunction restraining INEC from resuming, concluding and announcing the governorship election result in Bauchi State pending the determination of all the issues raised by the plaintiffs in their originating summons.
Justice Ekwo also granted an accelerated hearing in the matter and ordered parties to appear before him on Wednesday, 20, 2019, to present their positions in the substantive matter.
The plaintiffs, in their originating summons, 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 March 23, 2019, instead of reversing itself on the earlier announcement by the Commission.
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