Suit marked FHC/ABJ/CS/1357/2003. The mater instituted by Alhaji Lamidi Apapa (acting national chairman labour party) ,Alh. Saleh Lawal (acting national secretary) Comrade Abayomi Arabambi (national publicity secretary) others are Comrade Eragbe Anslem (National youth leader) Bar. Akingbade Oyelekan (national legal Advicer) ,Chief Joseph Ikenga Ukaegbu as 1 to 7th plaintiffs respectively against INEC.
The plaintiffs in their motion exparte sued INEC as sole defendant.The order sought is an interim injunction restraining INEC from recognizing any other person or persons laying claim to the LP gubernatorial ticket in November 11th 2023 Imo state governorship election other than the 7th plaintiff (Chief Ukaegbu) who emerged from the primaries conducted by the Alh. Apapa led National working committee of LP on April 16th 2023.The plaintiffs sought an order of mandatory injunction directing or compelling INEC to recognize, upload and publish Chief Ukaegbu”s name as LP governorship candidate in Imo State pending the hearing and determination of the motion on notice filled contemporaneously with the exparte application. The plaintiffs equally sought an order of mandatory injunction directing INEC to upload the names of Alh. Lamidi Apapa, Alh. Saleh Lawal as acting national chairman and acting national secretary respectively and other APAPA led NWC members, pending the hearing and determination of the motion on notice filled contemporaneously with the exparte application.
Justice Ekwo declining to grant the motion directed that INEC should be put on notice to respond why the court should not grant the application.
In it’s response, INEC prayed the court to dismis Alh. Apapa motion seeking to replace the parties governorship candidate in Imo state.INEC in it’s affidavit to show cause pursuant to the court order,told Justice Ekwo that the plaintiffs suit is “Statute bared”.
When the motion came up on November 2023 ,one Bar. Kehinde Edun who claimed to be the national legal Advicer of LP told the court that he is filling “Discontinuance notice” in the mater. He argued that LP was joined as 1st plaintiff without authorization insisting that they had no case against INEC. Surprised by Bar. Edun submission, Bar. Anderson Asemota who had been appearing for all the plaintiffs including the 1st plaintiff said the motion was slated for hearing. He said he was served with a motion of joinder by Imo governorship candidate Chief Achonu through his lawyer Bar. Okwudili Anozie who had earlier anounced apearance seeking to be joined. Bar. Asemota told the court that Bar. Edun is not the legal Advicer of LP. The Judge ordered Bar. Edun to serve Bar. Asemota the notice of Discontinuance ,adjourned the mater to 11th January 2023. Upon resumed hearing Bar. Asemota told the court that an” affidavit of facts’ in opposition to the notice of Discontinuance had been filled by his clients. Responding, Bar. Edun told the court that he was just served with the affidavit of facts’ earlier in the morning and would need more time to respond.
Justice Ekwo adjourned the mater to March 6th for the adoption of processes in the notice of Discontinuance.
It will be recalled that the Federal high court sitting in Bayelsa in suit marked FHC/OW/CS/28/2023, Court of Appeal in suit marked CA/ABJ/200/2023 and supreme court judgement marked SC/CV/845/2023 all afirm that the primaries conducted by Alh. Lamidi Apapa in Imo state is VALID and the candidate therefrom ,Chief Joseph Ukaegbo Ikenga is the authentic LP candidate for that election.For reasons best known to INEC and unknown to Law,his name has not been uploaded in the INEC portal, a reason for this suit
Peter Atadegbe
PA to Acting National chairman
