A Federal High Court in Abuja has ordered the Independent National Electoral Commission ( INEC ) to appear before it and show cause why it should not stop the planned conclusion of the suspended results for Tafawa Balewa Local Government in respect of the last governorship election in Bauchi State.
Justice Inyang Edem Ekwo, in a ruling on Tuesday, restated his earlier order made on Monday in an ex-parte motion by the All Progressives Congress (APC) and the incumbent Governor, Muhammed Abubakar.
Justice Ekwo had, after listening to Ahmed Raji (SAN), who moved the ex-parte motion on Monday, ordered INEC (listed as the sole defendant in the motion) to show cause why the relief sought by APC and Abubakar should not be granted, and adjourned to March 19.
The judge said: “The defendant is hereby ordered to appear in court on 19th March 2019 to show cause why the orders prayed on the motion ex-parte ought not to be granted.”
When parties got to court on Tuesday, INEC, represented by Tanimu Inuwa (SAN) told the court that the electoral body has filed a counter-affidavit to the plaintiffs’ originating summons.
He also made an oral application, challenging the jurisdiction of the court to hear the motion filed by APC and Abubakar, which he said could only be entertained by an election tribunal.
In a ruling, Justice Ekwo upheld Raji’s contention that INEC was yet to comply with the court’s order for it to show cause.
The judge said while INEC could not challenge the court’s jurisdiction by oral application, the counter-affidavit did not qualify as an affidavit showing cause.
Justice Ekwo said while the order made on March 18 remains, parties should return on March 20 for the hearing of the motion by APC and Abubakar.
INEC is expected to have also filed a proper affidavit showing cause and a formal application to challenge the court’s jurisdiction to determine the post-election issue raised by APC and Abubakar.
APC and Abubakar are, in their motion marked: FHC/ABJ/94/299/2019, praying the court for two main reliefs.
The reliefs sought, as contained in the motion are:
*An order of interim injunction restraining the defendant/respondent whether by Itself or acting through its agents, privies or any person on its behalf, howsoever described, from resuming, concluding and/or announcing the collation of the results of the Tafawa Balewa Local Government Area of Bauchi State in respect of election to the office of the Governor of Bauchi State held on 9’” March, 2019, pending the hearing and determination of the plaintiff/applicant’s motion on notice.
*An order of accelerated hearing and abridgement of time to two days within which the defendant/respondent is to enter appearance and file its response in defence of the suit.
*And for such further order(s) as this honourable court may deem fit to make in the circumstances.
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