The Federal High Court sitting in Enugu was yesterday told that the Chairman of Awgu Local Government Area of Enugu State, Hon. Nnanna Nze, was not qualified to recontest the November 2, 2013 council election on the Peoples Democratic Party (PDP) platform.
The court presided over by Justice Dorathy Agishi was told that Eze was below 30 years of age.
An aspirant, Mr. Amobi Edeh, asked the court to restrain Nze from contesting the local government election and make him (Edeh) the PDP candidate for the poll.
Edeh tendered exhibits to prove that Nze, who is seeking re-election for a second term was born on November 22, 1985 and did not meet the PDP's guidelines to qualify as the chairmanship candidate.
The PDP and the Enugu State Independent Electoral Commission (ENSIEC) were also joined as defendants in the suit.
Through his counsel, Chief Tagbo Ike, the applicant told the court that he fulfilled his party's requirement and should be used to substitute Eze as candidate for the poll.
Edeh contended that by the affidavit before the court, Nze, who was born in 1985, was below 30 years by the time he stood for the primary election.
He, therefore, urged the court to disqualify Eze and stop him from contesting the local government election.
Edeh said: "The 1st respondent should be restrained from parading himself as the candidate of the PDP and the 2nd and 3rd respondents should also be restrained from recognising him when abinitio he is not qualified."
His counsel, however, sought leave of the court to serve the parties the originating summons through substituted means, as well as for an accelerated hearing of the matter.
Justice Agishi granted the ex-parte motion for substituted service on the parties, but declined order on other reliefs sought, noting that the defendants must be put on notice.
The judge said: "In view of the nature of this suit and the parties involved, I would like the plaintiff to address me on whether this court has jurisdiction to hear this suit or not."
On the issue of jurisdiction, Edeh's counsel said the court derived its jurisdiction from Section 251 of the nation's Constitution as well as Section 87(9) of the Electoral Act, 2010.
He said by the virtue of the above law, the court has jurisdiction to hear complaints by an aspirant on whether a political party complied with its guidelines or the Electoral Act.
The case was, however, adjourned till October 21, 2013 for ruling.
Source: Court asked to stop Enugu LG boss from seeking re-election (http://nationalmirroronline.net/new/court-asked-to-stop-enugu-lg-boss-from-seeking-re-election/)