Zamfara: APC seeks perpetual injunction against INEC

THE All Progressives Congress (APC) has asked a Federal High Court sitting in Abuja to grant an order of perpetual injunction restraining the Independent National Electoral Commission (INEC) from giving effect to the contents of a letter with Reg No: lNEC/SEC/654/1/330, dated 9th October 2018, it issued in respect of the 2019 general elections.

The said letter contains an administrative decision taken by INEC, barring the Zamfara APC from fielding any candidate in the 2019 general elections for failing to conduct party primaries within the stipulated time.

The APC’s originating summon dated 31st October 2018, was filed on behalf of the party by its counsel, Abdul Ibrahim (SAN).

Meanwhile, the trial judge, Justice Ijeoma Ojukwu, on Friday joined a governorship aspirant, Senator Garba Marafa, and a senatorial aspirant, Alhaji Siraju, as well as seven other APC chieftains in the suit as defendants.

By the suit marked FHC/ABJ/CS/1279/2018, the APC wants the court to declare that INEC’s letter purporting to exclude the party from presenting and submitting the list of its candidates for the forthcoming election in Zamfara state scheduled for 2019 is null, void, ultra vires and of no effect having regards to the provisions of sections 31(1) and 86(2), (3) and (4) of the Electoral Act 2010 (as amended).

Also, the APC prays for “A declaration that by virtue of section 36(1) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and section 31(1) of the Electoral Act (as amended), the defendant lacks the power to refuse to collect the name of the plaintiff’s candidates for Zamfara state presented and to be submitted to it not later than 60 days before the election scheduled for February 2019.

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“A declaration that the administrative decision communicated in the defendant’s letter with Ref No: lNEC/SEC/654/1/330 dated 9/10/2018 is null and void, having been taken without a fair hearing or giving the plaintiff an opportunity to give clarification in accordance with section 86(2) of the Electoral Act.

“A declaration that by the provisions of Article 20 of the Constitution of the All Progressives Congress (as amended); section 223 of the 1999 constitution (as amended), the defendant is bound to give recognition to the list of the plaintiff candidates for Zamfara state and accept the names to be forwarded to the defendant by the plaintiff for the 2019 General Election in Zamfara state under the platform of the All Progressive Congress (APC).

“An order of court mandatorily compelling the defendant to accept the names of the plaintiff candidates for all the various offices scheduled to be contested in the forthcoming February 2019 general elections in respect of Zamfara State and to be conducted by the defendant.

“An order mandatorily compelling the defendant to publish the names of the plaintiff’s candidates for Zamfara state sent to it by giving same recognition and according to the various persons and candidates named therein, the various right and privileges that enure in favour of the candidates nominated by political parties for the Governorship, National and State Assembly constituency and Senatorial Districts of Zamfara State.”

Among the four questions raised before the court for determination include: “Whether having regards to the provisions of section 36(1) of the Constitution of the Federal Republic of Nigeria 1999 (as amended), and section 80 of the Electoral Act, 2010 (as amended), the defendant herein can prevent and preclude the plaintiff from presenting candidates for the forthcoming general election scheduled for February, 2019 in Zamfara state without affording the plaintiff a right of fair hearing before reaching a decision to exclude the plaintiff’s candidates in Zamfara state from contesting in the general election for the positions of Governorship, National Assembly and State Assembly respectively.”

Meanwhile, the matter has been adjourned to December 11, 2018 for hearing.