UPDATED: Elections must hold, court rules

A federal high court in Lagos has ruled that the March 28 Presidential election can go on as scheduled by the Independent National Electoral Commission (INEC).

The trial judge, Okon Abang, in a ruling on an application filed by the All Progressives Congress (APC), seeking to be joined as a co-defendant in a suit filed by the Unity Party of Nigeria (UPN), held that the election would go on as scheduled, and that the grievance of UPN can be addressed later.

This finally puts to rest fears that the litigation may scuttle the 2015 elections scheduled for March 28 and April 11.

UPN had filed the suit seeking an order to compel INEC to list the Presidential candidate and other candidates of the party for the March 28 and April 11 elections.

The judge granted APC’s application and another motion filed by the Presidential candidate of the party, General Muhammadu Buhari (Rtd).

According to the judge, assuming without deciding that the suit succeeds, the implication would be that all the electoral materials already printed and distributed by INEC in preparation for the elections would have to be destroyed and new ones printed.

The judge pointed out that the suit was filed by UPN on February 25 after the postponement of the initial February 14 presidential election date, and that the suit came up for the first time in court on March 6, a period of 21 days to the rescheduled presidential election.

“The applicant (UPN) can not create problem for this court and indeed the entire country. The court cannot command the impossible. The plaintiffs cannot file this suit 21 days to the election and expect that it must be heard and judgment delivered before the election.

“Even though the plaintiffs have no claim against the APC, but the outcome of this suit will affect the party because it is about an election which the party is participating.

“This is a pre-election matter and it can be heard after the election,” Justice Abang ruled.

The judge then ordered that APC and Buhari should be joined as second and third defendants respectively to the suit.

The judge also ordered the plaintiffs to amend the processes in the suit to reflect the additional defendants and serve same on the parties within three days.

The matter matter was subsequently adjourned to May 6, 2015 for hearing.

In a brief response, Buhari’s lawyer, Wole Olanipekun (SAN), commended Justice Abang for the ruling, saying the court had made a statement to those playing game that the judiciary “cannot be used to scuttle Nigeria’s democracy.”

But UPN’s lawyer, Akinwale Ekunnis urged the court to discountenance Olanipekun’s allegation, adding that the UPN had every right as a political party to participate in an election.

“My Lord, I need to correct the wrong impression just created by the learned silk. We are not being used to scuttle the election. We are only in court to enforce our rights,” he said.

UPN’s presidential candidate, Helen Godswill, had filed the suit alongside other candidates of the party over the non-publication of their names as candidates for the forthcoming general elections.

Godswill, who filed the suit alongside the party and other candidates of the party for election into various elective positions, had accused INEC of failing to publish her name and those of others as required by section 34 of the electoral act.

The UPN presidential candidate personally deposed to an affidavit in support of the suit wherein she recalled that despite the fact that INEC monitored the primary elections conducted by the party to select candidates for various elective positions, the Commission nonetheless failed to publish their names for the election, thereby disqualifying UPN candidates from participating in the forthcoming general elections.

The other applicants in the suit, who emerged as UPN candidates for elections into Federal House of Representatives and States House of Assembly are Adewale Arogundade, Ganiyat Durowoju Folawewo, Taofeek Adedoyin Adeniyi, Augustine Olatunde Omilabu, Henry Ayoola Abimbola, Olufemi Ajayi Gregory, Towobola Adeola Adebowale, Eberechukwu Orehewere and Ekeata Lydia Onwordi.

Others are Chukwuma Christopher Egbukichi, Samuel Ayodeji Ajaka, Ganiyat Olabisi Agboola, Ramota Afolashade Raji, Ramon Oreoluwa Ajanosi and Hakeem Kehinde Olaribigbe.‎