OTTI VS AHIWE: Abia PDP Seeks Contempt Order Against INEC Nat. Chairman, As LP Closes Case
Faith Ukanwa
Aug 25, 2023
OTTI VS AHIWE: Abia PDP Seeks Contempt Order Against INEC Nat. Chairman, As LP Closes Case
READ ALSO: How 60-Year-Old Man Allegedly Raped Mentally Deranged Woman | READ DETAILS
The Peoples Democratic Party, PDP on Friday, asked the Governorship election petition tribunal sitting at the Federal High Court Umuahia, to issue a contempt order on the chairman of the Independent National Electoral Commission (INEC), Mahmood Yakubu for disobeying court order.
READ ALSO: How Kidnappers Abducted 18 Passengers In Kogi | READ FULL
Taking the floor after the Labour Party's counsel, Sunny Ajala closed his case without presenting any witness, PDP's counsel, Prof. Paul Ananaba, SAN presented a motion bringing to the notice of the tribunal the alleged refusal of INEC Chairman to obey the tribunal's order to allow them access to the BVAS machines used for the March 18, 2023 Governorship election in Abia state.
https://youtube.com/live/FXPUZW74VVc
READ ALSO: Ganduje Finally Reveals Why Wike Visited him
The tribunal however asked Ananaba to tell them why the motion should be heard outside pre-hearing as there was no leave for it to be heard.
READ ALSO: Why El-Rufai Was Returned To ICPC Custody?
Responding, Ananaba argued that contempt proceedings arising from an already existing proceeding does not require an order of leave.
READ ALSO: Autopsy reveals possible cause of Mohbad's 'mysterious' death
[caption id="attachment_169029" align="alignnone" width="575"] PDP Governorship Candidate - Okey Ahiwe[/caption]
"Contempt proceeding is not part of the proceeding of the main petition. It is predicted on the disrespect to the order of this tribunal" he stated.
READ ALSO: Why Labour Party's Akpata Won't Challenge Edo Gubernatorial Election Results
He noted further that INEC chairman's disobedience, questions the competence and jurisdiction of the tribunal.
READ ALSO: LIST OF NEWLY APPOINTED TRANSITION CHAIRMEN IN ABIA STATE
The counsel argued that having been served, the respondent ought to appear before the tribunal adding that " we were obstructed by INEC to have access to what we should have".
He therefore asked the court to grant his plea for contempt and give an order for the public to know that no official of INEC not any public officer has the right to disobey court order.
READ ALSO: Sowore's Miscalculation and the Need to beat a Wise Retreat
Taking his defense, INEC's counsel, Mr Kelvin Nwafor, SAN asked the tribunal to dismiss the petitioners' application on the grounds of incompetence and gross abuse of court proceedings.
READ ALSO: I Will Not Allow Criminality As President, Peter Obi Declares
According to Nwafor, section 146(1) of the electoral act 2022 which Ananaba cited in his argument, is to enable a petitioner "as in this case", to apply for an order for inspection of documents and other election materials for the purpose of instituting and maintaining their petition.
READ ALSO: How 60-Year-Old Man Allegedly Raped Mentally Deranged Woman | READ DETAILS
The counsel noted that the PDP had already instituted and maintained their petition (opening and closing) and as such, cannot bring further motion for hearing.
READ ALSO: How Kidnappers Abducted 18 Passengers In Kogi | READ FULL
Nwafor argued further that the provision of section 146(3) of the 2022 electoral act under which the PDP brought their application, is not to summon INEC Chairman but to summon the commission which is INEC, to show cause why it did not obey court order.
[caption id="attachment_166227" align="alignnone" width="582"] Dr Alex Otti[/caption]
READ ALSO: Ganduje Finally Reveals Why Wike Visited him
"The Commission has been defined in section 152 to mean INEC and not INEC Chairman, the respondent sought to be committed" Ananaba argued.
READ ALSO: Why El-Rufai Was Returned To ICPC Custody?
He added; " the petitioners having closed their case, this application is academic and serves no useful or utilitarian value to them other than to raise sentiments . I therefore request this tribunal to dismiss this motion".
READ ALSO: Autopsy reveals possible cause of Mohbad's 'mysterious' death
The tribunal reserved ruling on the motion till September 7, 2023. It also adjourned till same day for adoption of final written addresses by both parties.
The tribunal gave the respondents and petitioners 5 days for their final written addresses; and two days for the respondents to file their reply from point of law.
READ ALSO: Why Labour Party's Akpata Won't Challenge Edo Gubernatorial Election Results
https://youtube.com/live/0vFqbBQ0aK8
Related Stories
REVEALED: How All Progressives Congress (APC) Played Into The Opposition Hands Ahead Of 2027 - Sumner Sambo Warns
I Will Not Allow Criminality As President, Peter Obi Declares
Why El-Rufai Was Returned To ICPC Custody?
Sowore's Miscalculation and the Need to beat a Wise Retreat
Tinubu Breaks Silence on Hardship, Inflation, Power Crisis - Vows Nigeria Will Overcome Economic Storm
"Terrorists Have Outgunned Our TroopsÔÇØ - Ndume Raises Alarm Over Boko Haram War, Sends Urgent Message To Tinubu
""
— Faith Ukanwa