Justice of the Federal High Court, Abuja, Emeka Nwite has adjourned till October 24 hearing in the motion by Senator Ita Enang to be joined in the suit seeking to compel the Independent National Electoral Commission (INEC) to list the All Progressives Congress (APC) as a contestant in the 2023 governorship election in Akwa Ibom State.
The adjournment was sequel to a request for time by Enang to respond to the objection to his joining in the suit filed by the APC and one Akanimo Udofia.
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The court had slated October 6 for its judgment in the suit challenging INEC’s refusal to list the APC and Udofia in the Akwa Ibom State governorship poll.
But Enang had, on the said date, appeared in court and urged the court to halt its judgment in the interest of justice because he would be prejudiced if not heard by the court.
According to him, the process and outcome of the May 26 governorship primary of the APC in Akwa Ibom State is a thing of litigation before a Federal High Court in Uyo, Akwa Ibom State.
He pointed out that the parties in the Uyo court, as well as the subject matter, are the same as that before the Abuja court.
While disclosing that the Uyo Federal High Court has reserved judgment in the said suit bordering on the APC governorship primary, Enang submitted that the plaintifffs ought not to have filed another suit over the same subject matter with the same parties.
Enang told the court that he made several efforts to see if there was duplicity of the case, including writing personally to the Chief Judge of the Federal High Court, but only got information on Wednesday’s evening that the court would deliver judgment in a similar matter on October 6 and had to rush to court to protect his interest.
He therefore prayed the court to allow him file his application for joinder to enable him defend his interest.
Responding, Mr Valentine Offia, the plaintiff’s lawyer, informed Justice Nwite that the suit before the Uyo Federal High Court is challenging the validity of the APC primary, while the one before the court in Abuja is challenging the refusal of INEC to publish the list of the APC governorship candidate sent to it by the party.
After listening to the oral argument of Enang, the court had held that he should be heard in the interest of justice.
Justice Nwite subsequently ordered him to file a formal application for joinder and served same on all parties in the suit and fixed October 17, for hearing.
When the matter came up on Monday, Enang informed the court that in line with the court’s directive, he had filed his motion and served same on all parties in the suit Wednesday, last week, but only received the counter affidavit of the plaintifffs Monday morning (today) in court and as such he would need time to respond.
Justice Nwite accordingly fixed Monday October 24 for hearing.
In the motion dated and filed October 12, the applicant claimed to have contested in the APC Akwa Ibom State governorship election of May 26, alongside with the second plaintiff and others.
He argued that the intention of the plaintifffs is to obtain judgment behind the back of the party seeking to be joined having refused to serve the party seeking to be joined with the court processes knowing that he is a necessary party for the just determination of this suit.
Enang therefore urged the court to grant his application to enable him protect his interest as a candidate of the APC in the governorship poll.
The APC and Udofia, in the suit marked: FHC/ABJ/CS/1290/2022, are claiming that INEC does not have the statutory powers to refuse to publish the name of its candidates in the governorship poll.
While APC is asking the court to publish the name of Udofia as sent to it as the candidate of the party, Udofia on his part is asking the court to restrain INEC from publishing any other names except his as candidate of the APC in the Akwa Ibom governorship poll.
