Stop April guber polls in Delta, Ikimi drags INEC, Uduaghan to court

ByEmma Amaize, Asaba
A Deltan and human rights activist, Oghenejabor Ikimi, yesterday, asked a Federal High Court, Asaba, Delta State, to  restrain the Independent National Electoral Commission, INEC, from conducting any election for the governorship of Delta State until January 10, 2015, when the tenure of Governor Emmanuel Uduaghan would expire.

Ikimi, who is the coordinator of the Forum for Justice and Human Rights Defence, FJHD, Warri had prayed the court for leave to serve the originating summons in this suit for service on the 1st defendant/respondent.

Specifically, he is seeking “an order of interim injunction restraining the 1st defendant/respondent by itself, its agents, servants, assigns and privies or howsoever from in anyway conducting any election for the Governorship of Delta State until the expiration of a period of 4 (four) years from the 10th day of January, 2011 when the 2nd defendant/respondent’s tenure of office will expire, pending the hearing and determination of the motion on notice”.

He also wants an “order granting accelerated hearing of this suit, including all pending applications’ and “for such further order or other orders as this honourable court may deem fit to make in the circumstances”.

This is a Motion Ex_parte brought under Order 6, Rule 17, Order 26, Rule 8 (1), Order 28, and Rule 2 of the Federal High Court (Civil Procedure) Rules 2009 and under the inherent jurisdiction of this Honourable Court.

Statement of fact

The application was supported by a sixteen (16) paragraphed affidavit, which the plaintiff/applicant is relying on.

In an affidavit in support of the motion, he said, “On November 9th, 2010, the Court of Appeal (Benin Division) quashed the election of the 2nd defendant/respondent and ordered fresh election. However, on the 6th day of January, 2011 the 1st defendant/respondent conducted fresh Governorship election in Delta State, which the 2nd defendant/despondent won”.

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