Court refuses to stop Bayelsa guber poll

[MrVan]

Spirited effort by the African Renaissance Party, AFP, to persuade a Federal High Court sitting in Abuja to invoke its powers and stop the Independent National Electoral Commission, INEC, from conducting governorship election in Bayelsa state today has proved abortive.

Vanguard

[emezico]

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Spirited effort by the African Renaissance Party, AFP, to persuade a Federal High Court sitting in Abuja to invoke its powers and stop the Independent National Electoral Commission, INEC, from conducting governorship election in Bayelsa state today has proved abortive.

The electoral body got the nod to proceed with the gubernatorial contest yesterday following the refusal of the high court to accede to a motion ex-parte that was filed before it by the party and its governorship candidate in the state, Chief Kenneth Gbaliga Gbalikuma.

The plaintiffs on Thursday approached the court, praying it to issue an order of interim injunction restraining INEC from conducting election into the vacant office of the governor of Bayelsa state, pending the determination of some legal questions they have posed before the court vide an originating summon.

Specifically, they are beseeching the court for a declaration that by the combined effect of the subsisting judgment of the Supreme Court in a consolidated suit involving the five sacked governors, and the judgment of the apex court in the case of Osun State INEC& Anor vs Action Congress &Ors (2011) Vol 42 WRN 1-92 and provisions of section 30 of the Electoral Act, 2010, the 12 days notice of the election into the vacant office of governor of Bayelsa state by the defendant (INEC) is null and void as it is inconsistent with provisions of section 30 of the Electoral Act.

The plaintiffs through their counsel, Mr. Kayode Ajulo, further urged the court to declare that INEC cannot validly conduct election into the vacant office of governor of Bayesla state without giving statutory notice in accordance with section 30 of the Electoral Act.

Consequently, they sought an order directing all parties to the suit to maintain status-quo on any matter arising from the conduct of election into the office of Bayelsa state governor pending the outcome of the suit, stressing that unless the declaration and orders sought by them are granted, that the defendant will jointly and severally occasion acts of illegality on the conduct of the election thereby infringing on their constitutional rights.

Meantime, considering the sensitive nature of the matter, presiding Justice Donatus Okorowo directed the plaintiffs to put both INEC and its chairman, Jega, on notice to enable them to enter their defence to the issues raised in the suit.

However, at the resumed sitting on the case yesterday, INEC through its counsel, Mr. Ibrahim Bawa, denied receipt of the court processes, saying they got to know about the suit through the media.

His assertion was further accentuated by counsel to the plaintiffs, Ajulo, who told the court that a bailiff who went to effect service of the processes on the commission on Thursday evening was shut-out by security officers.

He said the bailiff in a bid to prove that he actually made attempts to serve the commission, came back and deposed an affidavit.

Following the non service of the processes on the defendants, Justice Okorowo yesterday ordered the plaintiff to ensure that all the necessary parties were served before March 5 when the case will be heard on its merit.

Meantime, the court yesterday joined the Peoples Democratic Party, PDP, and its gubernatorial candidate for today's election, Hon Henry Seriake Dickson as parties to the suit.

The action of the court was sequel to separate joinder applications that the PDP and its candidate filed through their counsels, Mr. Yinka Orokoto and Chief J.K Gadzama, SAN, respectively.