Federal High Court overrules Appeal Court on Imo election

Joe Nwachukwu, Owerri - 18.03.2008

A federal high court in Katsina State has set aside the ruling of court of appeal sitting in Port Harcourt, which ordered a bye-election in Oru West State Constituency of Imo State.

In a judgment delivered by Honourable Justice C.V Nwokorie, the federal high court ordered the Independent National Electoral Commission (INEC) “to put on hold any arrangements for the bye election in the subject constituency”.

It further ordered INEC to issue a certificate of return to the plaintiff, Mr. Donatus Onuigwe, pending the determination of the motion for interlocutory injunction.

Onuigwe, the All Progressives Grand Alliance (APGA) candidate for the election, had earlier gone to the state election petition tribunal to challenge the election of Honourable Declan Mbadiwe Emelumba as the representative of Oru West state constituency in the State House of Assembly.”

After the tribunal dismissed his petition and upheld the election of Honourable Emelumba, the petitioner filed an appeal at the Court of Appeal, Port Harcourt.

In the judgment delivered by Honourable Justice Suleiman Galadima, the court held that the defendant, Honourable Emelumba was qualified to contest the election but ordered a bye-election as a result of irregularities in the election.

As both parties were gearing up for the election, which INEC had already fixed for April 19, Onuigwe, went to the Katsina court asking it to declare him winner, alleging that Hon Emelumba was not qualified to contest the election.