Lucky Obukohwo Reporting
The Edo State chapter of the All Progressives Congress (APC), might not have gained victory yet over the court’s decision on the case attempting to stop the forthcoming Local Government council elections as a Federal High Court sitting in the Federal Capital Territory (FCT), Abuja if the perspectives given by some legal experts are to be considered.
A People’s Democratic Party, PDP supporter and lawyer said they have refused to grant APC’s request to restrain the Independent National Electoral Commission, (INEC), Edo State Independent Electoral Commission (EDSIEC) and Hon. Attorney-General and Commissioner for Justice, Edo State from conducting the State Local Government Council Election slated for 2nd September, 2023.
The case with Suit No. FHC/Abuja/CS/1136/2023, between the All Progressives Congress APC, Edema Omoleye Felix and Imasuen Kate Versus INEC, EDSIEC and the Attorney General and Commissioner for Justice in Edo State, is said to be seeking for an interlocutory injunction restraining the Defendants from conducting the Local Government Council election.
But in his perspective, Barr. Dan Osa-Ogbegie argued that it would be contemptuous on the part of the government, PDP, and the electoral umpires if they go ahead with the elections.
In his words: “The court didn’t grant the exparte application but ordered that the defendants be put on notice.
“So they cannot go ahead with the election. If they do, they would be in contempt,” the experienced constitutional lawyer told Truth Live News.
Also responding, our in-house political analyst, Comrade Oluwabamidele Elempe, opined that it is better for the parties involved to wait until the determination of the case on 6th September before going on with the election because they cannot on their own determine what the ruling will be.
He said: “If they do go on with the election, what if the court rules in favour of APC on the matters it raised?
“So PDP should wait for the determination before they go on, or else the election will be annulled,” Elempe asserted.
The court refused to grant the order and ordered that the Defendants be served and put on notice, asking them to appear before it on the 6th of September, 2023.
The presiding Judge, Hon. Justice Obiora A. Egwuatu’s Bench Ruling read, “I have carefully read the Applicant’s application and the Affidavit in support and the Exhibits. I have also read the Written Address and listened to counsel move the same orally in Court.
“Having read the Rules of Court and the Principles of Law regarding the grant on refusal of an application of this nature, I find myself unable to grant the reliefs sought – Exparte. It will meet the interest of justice if the Defendants are put on notice. The prayers are accordingly refused. The Applicant is directed to put the Defendants on notice.