Lawyers to Barrister Temisan Omatseye, who allegedly won the All Progressives Congress primary election in Oleh, Delta South Senatorial District of Delta State, have re-filed a suit at the High Court of the Federal Capital Territory against the Independent Electoral Commission, INEC, All Progressives Congress, APC and Prince Yemi Emiko, challenging the alleged imposition of Prince Yemi Emiko as the preferred candidate.
The plaintiff who through his lawyers filed a discontinuance notice to the initial suit filed at the Federal High Court as FHC/ABJ/CS/1120/2014 where he joined INEC, National Chairman of APC, National Working Committee of APC and Prince Yemi Emiko as defendants. The discontinuance submission was based on a ruling given by the Court of Appeal in people vs Ejike Oguebego and three others on the February 5th, 2015.
The Court of Appeal held that the Federal High Court lacks jurisdiction to entertain a matter in which the major reliefs sought are not against the Federal Government or any of its agencies. The initial suit at the Federal High Court has hence been struck out as a result of the discontinuance notice filed by the plaintiff.
However, the plaintiff through his lead counsel, A.C. Ozioko, has now re-filed the suit with the High Court Federal Capital Territory suit no: CV/1178/15 in a writ of summons to the INEC, APC and Prince Yemi Emiko as first, second and third defendants, in which it averred that the plaintiff contested and won the APC primary election for Delta South Senatorial District of Delta state conducted on the 8th of December 2014.The second defendant, APC instead of submitting the name of the plaintiff who won the election to the first defendant (INEC) as the candidate of the party, went and submitted the name of the third defendant who came second in the primary election, purporting him to be the winner contrary to the guidelines and constitution of the party.
The counsel said that the plaintiff having won the primaries is the lawful Senatorial candidate of the APC in the 2015 general election in Delta South Senatorial District of Delta state.The plaintiff who sought among other reliefs, said it becomes imperative that there should be a declaration to the court that the second defendant is bound to submit to the first defendant as its candidate only the name of the person who emerged winner of the senatorial primary election conducted by the party in accordance with section 87 (1) (2) (3) (4) of the Electoral Act 2010 (As Amended), Article 20 of the APC Constitution 2014 and the APC Guidelines for the Nomination of candidates for election.
Besides, the plaintiff prayed the court to declare that the second defendant cannot without the death or withdrawal of the plaintiff who won the primary election of the party, submit or present the name of any person other than the plaintiff to the first defendant as the senatorial candidate in the 2015 general elections in the Delta South Senatorial District.
The plaintiff urged the court to declare that INEC’s acceptance, recognition and publication of the name of the third defendant as the candidate of the APC for Delta South Senatorial District in the 2015 general elections as illegal. It further sought an order of injunction restraining the third defendant from parading or continuing to parade himself or in any way or capacity whatsoever presenting or continuing to present himself as the candidate or representative of APC for Delta South Senatorial District.
The case is before Honourable Justice A.S. Adepoju of the FCT High Court
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