The Independent National Electoral Commission (INEC) has yet to conduct a re-run election to fill the vacant seat of the Oguta State Constituency as ordered by the Federal High Court Owerri, Imo State.
Justice F.A Onabanjo had on Dec 12, 2011 ordered the commission to hold a re-run election to fill the vacant seat without further delay.
Mr Eugene Dibiagwu, candidate of the PDP for the seat at April 26, 2011 election approached the Court to compel INEC to issue him the certificate of return.
He had further sought an order of the court to be sworn in as winner of the election based on the already declared result in which he scored the highest.
He had prayed the court to stop INEC from conducting fresh election in Oguta state constituency, saying that the seven wards results that had already been declared by the Commission should be affirmed.
The plaintiff (Dibiagwu) had claimed among other things: a declaration that the Defendant (INEC) lacked the powers to conduct fresh election for the Imo State House of Assembly in the Oguta state constituency in seven wards of Oguta ward A and ward B.
He had mentioned the other wards to be Egwe/Egbuoma ward, Oru ward, Ossemotor/Enigbo ward, Awa ward and Izombe ward.
Dibiagwu also sought declaration that the defendant (INEC) lacked the powers to disregard the results of the Imo State House of Assembly elections compiled and announced in the seven wards in Oguta local government
He had stated that INEC further lacked the powers to disregard the results from Oguta local government collation centre as results of the Imo State House of Assembly elections for Oguta state constituency held on April 26, 2011.
In dismissing the suit filed by Dibiagwu, the PDP candidate,? Onabanjo had held among others that,“we therefore hold that the petitioner has not proved its allegation that election took place in Oguta Local government Area on the 26th of April 2011, except in the 40 listed polling Units’’.
While the case was on, the APGA candidate for the same election, Chief Walter Uzonwanne and? Ugboma Onyebuchi of All Nigeria Congress of Nigeria (ANCN) applied to join in the case.
NAN reports that the court had refused their motion and thereafter dismissed it.
According to her, the suit can be effectively determined and disposed of in the absence of the parties seeking to be joined.
Not satisfied with the ruling, the APGA candidate, Uzonwanne approached the Federal High Court in Abuja and asked for order of Mandamus in suit No FHC/ABJ/CS/811/201.
In the said suit, Uzonwanne joined INEC and Imo Resident Electoral Commissioner as? respondents and demanded the court to compel INEC to conduct a fresh election in the eleven wards of Oguta local government.
He further stated that Section 87 (10) of the Electoral Act had empowered INEC to conduct election in the circumstance, saying that the judgment of the court was another impetus.
NAN reports that Section 87 (10) “states that nothing shall empower the court to stop the holding of primaries or general election or the processes thereof under this Act pending the determination of the suit’’.
Uzonwanne stated that the authorities must ensure a speedy adherence to the pronouncement of the court.
“The good people of Oguta have remained for a year without a representative in the State House of Assembly.
“We are shocked and taken aback that the much expected election which was jointly fixed for May 5, 2012, following the Oguta State Constituency Stakeholders’ Meeting with INEC in Imo State, did not hold after all.''
Uzonwanne said that “no reason was given for not conducting the re-run election’’ and described it as an “injustice being perpetrated against the good people of Oguta LGA.’’? (NAN)