Anambra Guber Polls: Action Alliance Sues INEC, Others Over Candidate’s Exclusion
The Action Alliance on Monday, instituted a suit at the High Court of the Federal Capital Territory, Abuja against the Independent National Electoral Commission, (INEC) over the omission and replacement of the party’s candidate for the forth coming Anambra governorship election.
Also joined in the suit is the Action Alliance’s former party Chairman for Osun State, Mr. Adekunle Rufai Omoaje and Doreen Ifeoma Maduka-Arisa as the second and third defendants.
The Action Alliance is contesting the exclusion of the name of Mr. John Okechukwu Ikeotuonye, its candidate for the Anambra governorship election scheduled for November 6, 2021.
Recall that in the list released by INEC on July 17, 2021, Mr. Ikeotuonye’s name was replaced with that of Doreen Ifeoma Maduka-Arisa as the Action Alliance’s candidate.
The Claimants, Action Alliance, its Chairman, Chief Kenneth Udeze and Mr. John Okechukwu Ikeotuonye are praying the Court in an originating summons to within 42 days, cause the appearance to be entered for the defendants to answer to the summons issued upon the application of the Claimants for the determination of the following:
Issues For Determination:
Issue I:- Whether, in the light of the subsisting judgments of FCT High Court in Hon. ILIYA Gambo V. Barr. Kenneth Udeze – suit no: FCT/HC/CV/2705/2019 and Chief Barr. Kenneth O. Udeze VS. Independent National Electoral Commission & 2 Others-suit no: FCT/HC/CV/2080/2020 and the Action Alliance National Elective Convention held on 14th day of March, 2021 whereby the Chief Barr. Kenneth O. Udeze led National Elective Committee of Action Alliance (the 1st Claimant) emerged, the 1st Defendant can refuse to publish the name of the 3rd Claimant as the duly nominated governorship candidate of the 1st claimant for the November, 2021 Anambra State Governorship Election
Issue II:-Whether the Claimants, having complied with the provisions of sections 85(1) and 31(1) of the Electoral Act, 2010 (as amended), the 1st Defendant can lawfully refuse FORMS EC9, EC9B and EC13B of the 1st Claimant’s Governorship Candidate and Deputy for The November, 2021 Anambra State Governorship Elections submitted by the Chief Barr. Kenneth O. Udeze led National Executive Committee of the 1st Claimant.
Reliefs Sought:
A declaration that by virtue of the subsisting judgments of FCT High Court in Hon. ILIYA Gambo V. Barr. Kenneth Udeze – suit no: FCT/HC/CV/2705/2019 and Chief Barr. Kenneth O. Udeze VS. Independent National Electoral Commission & 2 Others-suit no: FCT/HC/CV/2080/2020 and the Action Alliance National Elective Convention held on 14th day of March, 2021 whereby the Chief Barr. Kenneth O. Udeze led National Elective Committee of Action Alliance (the 1st Claimant) was elected, the 1st Defendant cannot refuse to publish the name of the 3rd Claimant as the duly nominated governorship candidate of the 1st Claimant for the November, 2021 Anambra State Governorship Election.
A declaration that the Claimants, having complied with the provisions of sections 85(1) and 31(1) of the Electoral Act, 2010 (as amended), the 1st Defendant cannot refuse to collect FORMS EC9, EC9B and EC13B of the 1st Claimant’s Governorship Candidate And Deputy For The November, 2021 Anambra State Governorship Elections submitted by the Chief Barr. Kenneth O. Udeze led National Executive Committee Members of the 1st Claimant.
A declaration that by virtue of the subsisting judgments of FCT High Court in Hon. Iliya Gambo V. Barr. Kenneth Udeze – suit no: FCT/HC/CV/2705/2019 and Chief Barr. Kenneth O. Udeze VS. Independent National Electoral Commission & 2 Others-suit no: FCT/HC/CV/2080/2020 and the Action Alliance National Elective Convention held on 14th day of March, 2021 whereby the Chief Barr. Kenneth O. Udeze led National Elective Committee of Action Alliance was elected, the 1st Defendant’s refusal to publish the name of the 3rd Claimant as the duly nominated governorship candidate of the 1st Claimant for the November, 2021 Anambra State Governorship Election is wrongful, illegal, null and void.
A declaration that the 1st Defendant’s refusal to collect FORMS EC9, EC9B and EC13B of the 1st Claimant’s Governorship Candidate And Deputy For The November, 2021 Anambra State Governorship Elections submitted by the Chief Barr. Kenneth O. Udeze led National Executive Committee of the 1st Claimant and its purported disqualification of the 3rd Claimant as the duly nominated candidate of the 1st Claimant for the November, 2021 Anambra State Governorship Election is wrongful, illegal, null and void.
A declaration that the 3rd Claimant is the authentic, lawful and duly nominated candidate of the 1st Claimant for the November, 2021 Anambra State Governorship Election.
A declaration that the 3rd Defendant is not the authentic, lawful and duly nominated candidate of the 1st Claimant for the November, 2021 Anambra State Governorship Election.
An Order of this Honourable Court directing the 1st Defendant to forthwith, honour and recognize FORMS EC9, EC9B and EC13B of the 1st Claimant’s governorship candidate and deputy for the November, 2021 Anambra State governorship elections submitted by the Chief Barr. Kenneth O. Udeze led National Executive Committee Members of the 1st Claimant and publish the name of the 3rd Claimant as the authentic, lawful and duly nominated candidate of the 1st Claimant for the November, 2021 Anambra State Governorship Election.
The summons was taken out by Malachy C. Nwaekpe, Esq, Counsel for the Claimants.
According to the summons, the Defendants may appear by entering appearance personally or by a legal practitioner either by filing the appropriate processes in response at the Registry of the Court where the summons was issued or by sending them to that office by any of the methods allowed by these Rules.
It was also stated that if the Defendants do not respond within the time at the place above mentioned, such orders will be made and proceedings may be taken as the Judge may think just and expedient.
