A Federal High Court, Thursday in Abuja, ordered the service of court
documents (processes) on the governorship candidate of the All
Progressives Grand Alliance (APGA) in tomorrow’s election, Chief Willie
Obiano.
The documents are in respect of a suit marked: FHC/ABJ/CS/712/2013 -
challenging Obiano's qualification for the election on the ground that
he possessed two voter's cards, having allegedly engaged in multiple
registrations.
Justice Ahmed Mohammed, after listening to the plaintiffs' lawyer,
Ifeanyi Nrialike, moved an ex-parte motion, granted leave to the
plaintiffs to effect substituted service of court processes on Obiano
outside jurisdiction.
The judge also ordered the plaintiffs - Ugochukwu Ikegwuonu and Kenneth
Moneke to, in effecting the substituted service, paste the processes on
the entrance or any other conspicuous parts of his residence at 1 Chief
Willie Obiano Street, Aguleri Otuocha, Anambra State.
Sued with Obiano is the Independent National Electoral Commission (INEC).
Sued with Obiano is the Independent National Electoral Commission (INEC).
The plaintiffs had contended that the voter's card Obiano tendered
before his party which allowed him to participate in the party's
screening exercise was not the same as the one he submitted to INEC and
therefore raised three questions for the court's determination, while
seeking five reliefs, including an order disqualifying Obiano from
contesting the election.
They also sought an order of mandatory injunction compelling INEC to strike out Obiano's name from its record as a candidate in the election.
They also sought an order of mandatory injunction compelling INEC to strike out Obiano's name from its record as a candidate in the election.
They wanted the court to determine whether by his alleged conduct, Obiano was still qualified to contest the election by virtue of the provisions of Sections 12(2), 16(2)(3) and 31(5) of the Electoral Act.
In a supporting affidavit, Ikegwuonu averred that Obiano possessed two
voter's cards, the one he purportedly obtained in Lagos, which he
tendered during his party's screening exercise in August and the second
he claimed to have obtained in Otuocha, Anambra on September 3, this
year, which he allegedly presented to the INEC. He gave the Voter's
Identification Number (VIN) on the first one as: 90F5815E7D3738200332
and on the second one as: 90F5B12B01296204172. He also queried Obiano's
claim to being a resident of Otuocha and the validity of the birth
certificate he submitted to INEC.
He held that Obiano's claim to having a single voter's card as
contained in the documents he submitted to INEC was false and as such,
faulted the September 3, 2013 date contained on the birth certificate
which Obiano tendered and which was issued by Awka South Local
Government Area, Anambra.
He prayed the court to disqualify Obiano as candidate for the election.
Parties are to return to court on December 18 before which the
respondents are expected to have filed their response.
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