The Federal High Court sitting in Port Harcourt will on Thursday, 17th September 2020 resume hearing of the suit filed by Hon. Jarigbe Agom Jarigbe against Independent National Electoral Commission (INEC) and Peoples Democratic Party (PDP) on the outcome of the Cross River North Senatorial bye-election held penultimate week.
Hon. Jarigbe in a Suit No: FHC/PH/CS/137/2020 filed on Friday, 11th September 2020 prayed the Court to grant leave and motion exparte and Motion on Notice for hearing during the period of vacation.
He also sought an Order of interim injunction restraining the 2nd and 3rd Defendant/Respondent (INEC and PDP) either by itself of acting through any of its organs, agents, or privies, from submitting the name of any person, other than that of the Plaintiff who won the primary election of the 2nd Defendant on 5th September 2020 to the
1st Defendant/Respondent as the candidate of the 2ndDefendant/Respondent for the Cross River North Senatorial District bye-election slated for 31st September 2020 or at any other time, pending the hearing and determination of the Motion on Notice.
The Plaintiff also prayed the Court to grant an order of interim injunction restraining the 1st Defendant/Respondent from accepting the name of any other person, other than the Plaintiff/Applicant, who won the primary election of the 2nd Defendant/Respondent, as the candidate of the 2nd Defendant/Respondent for the Cross River North Senatorial
District bye-election slated for 31st October 2020 or at any other time, pending the determination of the Motion on Notice.”
In his ruling, Justice Hilary Ide Osho Oshomah, of Port Harcourt Judicial Division, who rejected prayer 2 and 3 however ruled that: “Parties in this suit, more particularly the Defendants/Respondents, are by the Order of this Honourable Court to maintain the status quo ante bellum which existed at the institution of this suit which this Honourable Court has found and situated to be the position evidenced by Exhibits 11 and 12 respectively.
“That consequent to the above, prayer 4 of the Motion Exparte is by Order of this Honourable Court granted to the extent that the 1st Defendant/Respondent is by Order of this Honourable Court directed not to give effect to the name of any of the other aspirant that took part in the said primaries as the candidate of the 2nd Defendant/Respondent in the bye-election for the Cross River North Senatorial District slated for 31st October 2020, pending the determination of the Motion on Notice filed contemporaneously with this suit.”
Justice Oshomah further ruled that: “in view of the extreme urgency of this suit and the need to expeditiously hear and determine same due to the essence of time, this Honourable Court furthermore by Order abridged the time for the hearing of the Motion on Notice dated and filed the 11th day of September 2020 to Thursday the 17th September 2020, subject, however, to prompt and due service of the originating processes of this suit along with the Enrolled Order of this Court as well as the contemporaneously filed Motion on Notice on Defendants/Respondents
within 48 hours of this order and proof of service of same put in the court’s file by the Bailiff of this Honourable Court before the hearing date.”
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