LP Aspirant Heads To Appeal Court Against Umeh
By Julie Sylvia, Onitsha
A Labour Party, LP, aspirant in Anambra Central Senatorial Zone, Chief Onyekwelu Solomon Onyedika, said Monday, that he would head to court of Appeal as a Federal High Court sitting in Awka, Anambra State capital, struck out a suit where he accused INEC of publishing the name of Chief Victor Umeh, as the LP candidate for the coming election without regard to the Electoral Act.
Addressing newsmen at the court premises Tuesday, Chief Onyedika said that he pleaded to the court for an order of the court setting aside the name of Victor as candidate of LP in the said election having failed to comply with the electoral Act and also another order of court compelling INEC to expunge forthwith the name of Victor as the candidate of LP.
He went further for an order of the court restraining LP and its previes from presenting or dealing with campaign for Victor as nominated candidate and an order of injuction restraining Victor from parading himself as LP candidate for the said election.
In the suit No. FHC/Awka/CS/156/2022, he prayed further for a declaration that the said publication which included name of Victor is null and void, ultra vires and unlawful being in breach of the mandatory provisions of section 29 (1), (82(5) and of the electoral Act , Supra.
Also a declaration that INEC acted in breach of the provisions of sections 29 (1), 82 (5) and 84 (13) of the electoral Act 2022, by publishing a statement on 20/9/2022 at its office in Awka, which included the name of Victor as the LP candidate having failed to comply with provisions of section 29 of the electoral Act 2022, Article 27, paragraph 5 of LP constitution and guidelines for primary election.
In his judgment after hearing the submissions of counsels to the plaintiff, defendants and INEC, the Presiding Judge, Hon. Justice H.A. Nganjiwa, said that the court lacked jurisdiction to entertain and determine the suit for the plaintiff on the ground of locus standi, and accordingly struke out the suit for lack of jurisdiction, stating that parties are to bear their cost.
