A group, Sensitisation Initiative for Grassroots, has asked an Abuja Federal High Court to restrain the Independent National Electoral Commission from conducting a supplementary election in Anambra State.

The group is asking the court to determine whether, in line with the provisions of sections 25, 26 and 153 of the Electoral Act, 2010, as amended, INEC has the power to declare the governorship election in Anambra State inconclusive.

They also want the court to determine whether the electoral umpire, by the provisions of 178 and 179 of the 1999 Constitution, has the power to call for a supplementary election upon the supposed inconclusiveness of the governorship election.

The group urged the court to hold that the term “supplementary election” is alien to Electoral Act 2010 as amended and has never been contemplated under the provisions of the Nigerian Constitution.

Besides an order restraining INEC from going ahead to hold the proposed supplementary poll, they asked the court to declare that any supplementary election conducted by the commission, for the Office of the Governor of Anambra State, is unconstitutional, null and void.

In the supporting affidavit attached to their originating summons, the group averred that after the election on November 16, INEC, through its Resident Electoral Commissioner for Anambra state, Mr. Chukwuemeka Onukogu, declared that a bye-election shall take place in 65 polling units in Idemili North Local Government Area.

The group said “on November 17, after the conclusion of the said bye-election, preliminary results announced by the Commission’s Returning Officer, Prof James Ekpo, stated that the candidate of the All Progressive Grand Alliance, Willie Obiano, scored 174, 710 to beat his closest rival, Tony Nwoye of the Peoples Democratic Party, PDP, who scored 94, 956 votes, while Senator Nwabueze Ngige of the All Progressives Congress finished third after garnering 92, 300.”

The controversy trailing the inconclusive governorship election conducted in Anambra state on 16th November by the Independent National Electoral Commission, INEC, and the proposed supplementary election scheduled for Saturday, 30th November, has continued unabated.

Members of a non governmental organization, Sensitization Initiative for Grassroots, SIG, has dragged the electoral umpire before a Federal High Court siting in Abuja seeking to restrain the electoral body from going ahead with the scheduled supplementary election in the state.

The plantiffs, Mr Emeka Fredrick Anagwu and Mr. Nwokedi, both executives of Sensitization Initiative for Grassroots, are asking the court to determine whether INEC, within the intendment of the provisions of sections 25, 26 and 153 of the Electoral Act, 2010, as amended, has power to declare the November 16th and 17th governorship election in the state as inconclusive.

They also want the court to determine whether the electoral umpire, by the provisions of sections 178 and 179 of the Nigerian Constitution, has power to call for a supplementary election upon the inconclusiveness of the November 16th and 17 governorship election in Anambra state.

The plaintiffs are urging the court to hold that the term “supplementary election” is alien to Electoral Act 2010 as amended and has never been contemplated under the provisions of the Nigerian Constitution.

Furthermore, they sought for declaration by the court that any supplementary election conducted by INEC for the office of the Governor of Anambra state be declared unconstitutional null and void, as well as an order of injunction restraining the electoral umpire from conducting or purporting to conduct the said supplementary. Election into the office of the Governor of Anambra state.
Tony Nwoye of the PDP on polling day: he could not find his name in the register

Tony Nwoye of the PDP on polling day: he could not find his name in the register

In their supporting affidavit attached to their originating. Summons, the plaintiffs averred that after the election on the 16th of November, 2013, that INEC, through its Resident Electoral Commissioner for Anambra state, Mr. Chukwuemeka Onukogu, declared that a bye election shall take place in 65 polling units in Idemili North Local Government Area of the state and that on 17th November, after the conclusion of the bye election, that preliminary results announced by INEC’s Returning Officer, Prof James Ekpo, stated that the candidate of the All Progressive Grand Alliance, APGA, Chief Willie Obiano, scored 174, 710 to beat his closest rival, Comrade Tony Nwoye of the Peoples Democratic Party, PDP, who scored 94, 956 votes, while Senator Dr. Nwabueze Ngige of the All Progressive Congress came 3rd in the race by scoring 92, 300 votes.

They further averred that INEC stated that supplementary election shall take place in some polling units in thirteen local government areas of the state including Ayamelum, Anambra East and West, Anaocha, Aguata, Anambra South, Ekwusigo and Idemili North and that by virtue of the declaration of the electoral body, that no candidate can be duly returned or declared as winner of the election and urged the court to, in the interest of justice, grant the reliefs they are seeking.

As at the time of filing this. Report, their exparte motion with suit number FHC/ABJ/CS/791/13 filed Tuesday, 26th November, 2013 was awaiting to be assigned to a judge to hear the matter.

The candidates of the All Progressive Congress, Peoples Democratic Party and Labour Party respectively had in a joint press briefing following INEC’s announcement for the conduct of a supplementary election in the state, indicated that they may not be participating in the supplementary election following claims of substantial irregularities that characterized the inconclusive governorship election in the state.

The matter is for the interpretation of pertinent sections of the constitution related to the supplementary election.SIG is only interested in the interpretation of the grand norm of the country as it affects Anambra guber election.It has nothing to do with election tribunal cases.

Members of Sensitization Initiative For Grassroot (SIG), MR, EMEKA FREDRICK ANAGWU and BARR.(PRINCE) JIDEOFOR NWOKEDI, have instituted an action in court against INEC over the declaration by the commission that supplementary elections shall be conducted for the governorship seat in Anambra state. The members of SIG through an originating summons SUIT NO: FHC/ABJ/CS/791/13, asked the court for the interpretation of Sections 25,26, 153 of the Electoral Act 2010 (as amended) and section 178 and 179 of the 1999 Constitution of the Federal Republic of Nigeria (as Amended) and determination of the following questions;

1. Whether within the intendment of the provisions of Sections 25,26, 153 of the Electoral Act 2010 (as amended) , the Defendant has the power to declare the November 16th and 17th 2013 Gubernatorial Election of Anambra State Inconclusive.
2. Whether within the intendment of the provisions of Sections 25,26, 153 of the Electoral Act 2010 (as amended) and section 178 and 179 of the 1999 Constitution of the Federal Republic of Nigeria (as Amended), the defendant ,has the power to call for a supplementary election upon the inconclusiveness of the November 16th and 17th 2013 Gubernatorial Election of Anambra State.