By Chukwujekwu Ilozue/Onitsha
The Federal High Court sitting in Awka, presided over by Justice Muhammed Salihu, at the weekend discharged an interim order it made earlier on Monday last week, which directed the submission of the names of Chike Obidigbo and William Obiano as All Progressive Grand Alliance (APGA) governorship candidates to the Independent National Electoral Commission (INEC) in the coming elections.
Discharging the earlier order, Justice Salihu said the court was deceived into granting the order as the plaintiffs concealed essential facts to the court.
The court said it lacks the jurisdiction to make the orders and was against the express provision of the Electoral Act 2010 (as amended).
The court stated among other things that: "It is setting aside the interim order of the court of 16 September, 2013 on the ground that the court lacks jurisdiction to make it";
That it is "setting aside the interim order on the ground that the plaintiffs/respondents concealed essential facts to the court and thereby deceived it into making the order"; and that it was "setting aside the order as it is against the express provision of the electoral Act 2010 (as amended) and the order relates to completed act for which the court lacks jurisdiction to make".
And that the order is for such orders or further orders as the court may deem fit to make in the circumstances".
Justice Salihu said he made the order after reading the 24-paragraph affidavit in support of the motion exparte deposed to by Onwuka Ukwa, Tayo Sowumi and Ifeanyi Mbaeri, who were defendants and applicants to the suit filed by Chike Obidigbo, Maxi Okwu and others, who were plaintiffs and respondents.
It would be recalled that the National Chairman of APGA, Victor Umeh, had already on September 3, submitted the name of Obiano to INEC as the APGA candidate in the coming governorship election.
