Nigeria Decides 2023: PDP chieftain seeks nullification of Imo APC primaries

From George Onyejiuwa, Owerri

A chieftain of the Imo State Peoples Democratic Party ( PDP), Chief Kingsley Iheanacho has prayed  the Federal High Court sitting in Owerri, to nullify all primary elections conducted by the All Progressives Congress(APC).

He said the elections were in violation of section 183 of the constitution of the  Federal of Nigeria of 1999 as amended and section 82(3) of the Electoral act of 2022.

In a suit: FHC/OW/02/187/22 filed by Chief Kingsley Iheanacho on behalf of himself and the entire members of the PDP before Honourable Justice B.O Qudaric,  he named Mr MacDonald  Ebere Imo APC Chairman, the All Progressives Congress, Sen.  Abdullahi Adamu, National Chairman of the APC, Mai Mala Buni,(governor of Yobe State, former National Chairman Extraordinary convention committee) and the Independent National Electoral Commission ( INEC) as well as all 45 candidates for state House of Assembly, House of Representatives and Senate in Imo State as respondents.

The claimant, Mr Kingsley Iheanacho is seeking a declaration of the court that APC and Mai Mala Buni, Governor of Yobe, and then Chairman extraordinary Convention Committee of APC violated section 183 of the constitution as amended and section 82(3)of the Electoral Act, 2022 by electing Sen Abdullahi Adamu as National Chairman of APC, when he held dual executive positions as the executive of Yobe State.

He prayed the court to declare that the INEC violated section 183 of the constitution as amended and section 82( 3) of the Electoral act 2022 by publishing the names of 3 Imo state APC senatorial candidates, 10 Imo  APC House of Representatives candidates and 27 Imo APC state House  of Assembly candidates for the forthcoming general elections.

The Plaintiff also asked for an order of the Court that the 3 Imo APC senatorial candidates, 10 Imo APC federal House of Representatives candidates and 27 Imo APC state House of Assembly  candidates should not parade themselves as candidates of the APC in the general elections of 2023.

Also in a motion ex-parte brought before the court on substituted service, his counsel, Mr Kingsley Simon Ndukwe Esq seeks the order of the court to grant leave to plaintiffs to serve the 1st to 45th defendants with originating sermons, other processes that may be filed on the 1st to 45th defendants by substituted means by pasting the said processes to be served in the suit by the plaintiffs at the door or the most conspicuous places at the office address of the defendants and at office address of the Imo state chapter of the APC at No 47 Okigwe road, Owerri, Imo state .

However, Justice Quadric adjourned further hearing on the matter to the 2nd of February, 2023 as both defendants and their counsel were absent.

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