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Nairaland Forum / Nairaland / General / Politics / Court Shuts Out UPN From Participating In Presidential Election (438 Views)
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Court Shuts Out UPN From Participating In Presidential Election by succyreal(m): 11:20am On Mar 25, 2015 |
A Federal High Court in Lagos Tuesday shut out the Unity Party of Nigeria (UPN) from participating in this week’s presidential election. The trial judge, Justice Okon Abang, while ruling on the motion to join the All Progressives Congress (APC) which was seeking to be joined as a co-defendant in the UPN’s suit, held that assuming without deciding that the suit succeeds, the implication would be that all the electoral materials already printed and distributed by INEC in preparation for the elections would have to be destroyed and new ones printed. UPN had filed the suit to compel the Independent National Electoral Commission (INEC) to list candidates of the party for March 28 and April 11 elections. But the APC filed a motion, seeking to be joined as co-defendants. In his ruling, the judge pointed out that the suit was filed by UPN on February 25 after the postponement of the initial February 14 presidential election date, and that the suit came up for the first time in court on March 6, a period of 21 days to the rescheduled presidential election. “The applicant (UPN) cannot create problem for this court and indeed the entire country. The court cannot command the impossible. The plaintiffs cannot file this suit 21 days to the election and expect that it must be heard and judgment delivered before the election. “Even though the plaintiffs have no claim against the APC, but the outcome of this suit will affect the party because it is about an election which the party is participating. “This is a pre-election matter and it can be heard after the election,” Justice Abang ruled. The judge also granted a motion filed by the APC seeking to be joined as a co-defendant in the He also granted a similar suit filed by the APC’s presidential candidate, Muhammadu Buhari seeking to be joined as a co-defendant to the suit. The judge then ordered that APC and Buhari should be joined as second and third defendants respectively in the suit. The judge also ordered the plaintiffs to amend the processes in the suit to reflect the additional defendants and serve same on the parties within three days. The matter was subsequently adjourned to May 6, 2015 for hearing. By implication, the elections can now go on as scheduled. In a brief response, Buhari’s lawyer, Wole Olanipekun (SAN) commended Justice Abang for the ruling, saying the court had made a statement to those playing game that the judiciary “cannot be used to scuttle Nigeria’s democracy.” But UPN’s lawyer, Akinwale Ekunnisi urged the court to discountenance Olanipekun’s allegation, adding that the UPN had every right as a political party to participate in an election. “My Lord, I need to correct the wrong impression just created by the learned silk. We are not being used to scuttle the election. We are only in court to enforce our rights,” he said. While arguing the application for joinder, APC’s lawyer, Emeka Ngige (SAN) had stated that the UPN’s suit was filed on February 25, after the initial dates of the elections were postponed. “The implication, if the UPN’s prayer is granted, is that ballot papers and other electoral materials already printed and distributed ahead of the election, would have to be destroyed and new ones printed. “We are in a race and we are ready to go but someone is trying to draw us back. What we are saying is that time is of the essence because election must be conducted at least 30 days before the end of the tenure of an incumbent administration,” Ngige stressed. The lawyer also drew the court’s attention to a statement issued by the UPN adopting President Goodluck Jonathan as the candidate of the party for the presidential election. He also urged the court to take judicial notice of a letter written by the UPN to INEC stating that the party was engrossed in internal crisis. INEC’s lawyer, Mrs. N.O Taiwo did not oppose the application for joinder. But UPN’s lawyer (Ekunusi) urged the court to reject the motion filed by the APC on the grounds that no serious reason to justify the application was canvassed before the court. He said APC must show real and not speculative interest to join the suit, and that APC was not the only party in Nigeria. Ekunusi also wondered how APC knew about the distribution of the sensitive materials for the election, and that it was absurd for APC to be canvassing arguments on behalf of INEC. He also faulted a claim by the APC that the grant of the prayers in the suit would rob them of electoral fortune, adding that such statement was without definition. In the main suit, UPN’s presidential candidate, Helen Godswill, alongside other candidates of the party are contesting the non-publication of their names as candidates for the forthcoming general election. The party is accusing INEC of failing to publish the names of its candidates as required by Section 34 of the Electoral Act. The UPN presidential candidate personally deposed to an affidavit in support of the suit wherein she recalled that despite the fact that INEC monitored the primary elections conducted by the party to SELECTcandidates for various elective positions, the commission nonetheless failed to publish their names for the election, thereby disqualifying UPN candidates from participating in the forthcoming general election. The other applicants in the suit, who emerged as UPN candidates for elections into Federal House of Representatives and States House of Assembly are Adewale Arogundade, Ganiyat Durowoju Folawewo, Taofeek Adedoyin Adeniyi, Augustine Olatunde Omilabu, Henry Ayoola Abimbola, Olufemi Ajayi Gregory, Towobola Adeola Adebowale, Eberechukwu Orehewere and Ekeata Lydia Onwordi. Others are Chukwuma Christopher Egbukichi, Samuel Ayodeji Ajaka, Ganiyat Olabisi Agboola, Ramota Afolashade Raji, Ramon Oreoluwa Ajanosi and Hakeem Kehinde Olaribigbe. source: http://www.thisdaylive.com/articles/court-shuts-out-upn-from-participating-in-presidential-election/204999/ |
Re: Court Shuts Out UPN From Participating In Presidential Election by ozoigbondu: 11:24am On Mar 25, 2015 |
As if UPN would win......more votes GEJ ....GEJ till 2019 |
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