Anambra poll: Court refuses to hear motion seeking to stop Nwoye - Full Gist NG

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Thursday, 3 August 2017

Anambra poll: Court refuses to hear motion seeking to stop Nwoye

A move to stop Mr. Tony Nwoye from participating in the primary of the All Progressives Congress (APC) ahead of the Anambra State governorship election failed yesterday.


Vacation judge of the High Court of the Federal Capital Territory (FCT), Justice Yusuf Halilu,
declined to hear a motion ex-parte filed to that effect.

The motion ex-parte filed by Okechukwu Ogbonnaya contained seven prayers, particularly prayer 6, for an order of interim injunction restraining the APC from “from clearing the 1st defendant (Nwoye) to contest or stand for its primary elections for the purposes of selecting the party’s governorship candidate for the forthcoming Anambra State governorship election pending the determination of the motion on notice.

Although the case was listed in the court’s cause list for yesterday, the judge declined   to hear the applicant’s lawyer, who had sought the hearing of the ex-parte motion on grounds of urgency. The judge said there was no urgency to warrant the hearing of the motion.

Ogbonnaya listed as defendants in the suit Nwoye, Chief    Arthur Eze, Atlas Petroleum International ltd, Oranto Petroleum Ltd, Fidelity Bank Plc, APC and Economic and Financial Crimes Commission (EFCC).  He is challenging, among others, the propriety of the alleged donations by Eze and others, to Nwoye’s governorship ambition.

Nwoye has however challenged the court’s jurisdiction to hear the suit, arguing that the subject matter of the suit relates to Anambra governorship election, on which a court in Abuja cannot hear. He asked the court to strike out the case.

Alternatively, he asked the court to order the plaintiff to put the defendants “on notice of prayers 3, 4, 5, and 7 in the motion ex parte filed on 31st July, 2017 to enable the 1st defendant (Nwoye) to be heard on those prayers as those reliefs are targeted at stifling the exercise of the constitutional right of the 1stdefendant to contest for the Anambra State governorship election.”


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