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Thursday, 5 June 2014

Serving Commisssioner struggles to join anti-Governor Suit

A serving commissioner in Anambra State, Mr. Tony Nnacheta, told a Federal High Court in Abuja on Wednesday that he had appealed against the court’s ruling barring him from joining as a plaintiff, a suit filed to unseat the state governor, Mr. Willie Obiano.

The existing plaintiffs, Messrs Ugochukwu Ikegwuonu and Keneth Moneke, had filed the suit asking the court to declare that Obiano was not qualified to contest in the governorship election for being in possession of two valid voter registration cards.

The defendants in the suit are Obiano, the Independent National Electoral Commission and APGA.
Justice Ahmed Mohammed had on Tuesday dismissed Nnacheta’s application to join the suit as a plaintiff on the grounds that his interest was in clear conflict with that of the existing plaintiffs.

The judge after dismissing the application then adjourned till Wednesday for the hearing of the suit together with the preliminary objections.

But the commissioner, through his lawyer, Mr. Smart Iheanzor, returned to court on Wednesday urging the court to stay proceedings in the matter on the grounds that he had filed an appeal against the Tuesday’s ruling.

Through its counsel, Mr. C.T Mbaeri, APGA too told the court that it had just filed an application on Wednesday morning asking the court to reverse its Tuesday’s ruling that it would hear both the substantive suit and the preliminary objections together.

But, counsel for the plaintiffs, Chief Olusola Oke, said though he was just served with the separate applications, he was prepared to continue to respond to them orally.

The judge then ruled though there was the need for expeditious determination of the suit being a pre-election matter, Obiano and INEC had the right to participate in the hearing for the application for stay of proceedings.

He then adjourned till June 11 for hearing, asking parties to file their papers before then.

Nnacheta had filed his  application dated May 6, 2014, sought to be joined and “work with the plaintiffs in the suit” claiming that he would benefit from the court’s judgment if the prayers of the plaintiffs were granted.

According to him, having participated in the primary election, which produced Obiano as the APGA’s 
he would become the party's candidate if Obiano was disqualified by the court

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