A Federal High Court sitting in Calabar, thecapital of Cross River state, on Monday, February 11, sacked Senator John Owan-Enoh, a factional governorship candidate of the All Progressives Congress (APC) currently recognized by the Independent National Electoral Commission (INEC).
The court, after sacking Senator John Owan Enoh, also disqualified other candidates of the APC currently recognized by INEC ahead of the forthcoming elections in the state.
Channels Television reports that also sacked was the factional leadership of the party led by John Ochalla, which is loyal to Owan-Enoh.
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The report said the decision of the court presided over by Justice Simon Amobeda came in a two-hour judgement that ordered that Usani Usani should become the party’s candidate.
“INEC should only receive and accept the names and candidates for the 2019 elections that emerged from the lawful executive led by Godwin Etim John,” the court ordered.
It was learnt that Justice Amobeda ordered all those currently parading themselves as the executive members of the APC in the state to desist forthwith while the one led by Godwin Etim John should be recognized.
Counsel to the claimants, Ayei Okpa, who spoke with journalists after the judgement was quoted as saying: “The judgment clearly is in support of the rule of law as it also supports the yearning of the common man.
“Once a judgment is delivered in a court of law, everyone affected by that judgment is supposed and ought to comply with the said judgment and that is what this court today has confirmed.”
According to Okpa, INEC must now publish only the names that emerged from the lawful executive as declared buy INEC.
“If INEC refuses, the judgment will be enforced against INEC to ensure compliance.
“The court has every power under its disciplinary jurisdiction to undo what has been done unlawfully and the electoral act commands INEC to obey section 155 of the electoral act to obey where the court gives an order.
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“INEC has every reason to comply with that order, what INEC did by publishing unlawful names is unlawful,” he said.
On his part, Ntufam Godwin Etim John said he was pleased with the judgement.
He said he was not surprised with the judgment since it arose from the disobedience of a court injunction and judgement.
Legit.ng earlier reported that the Supreme Court recently upheld the position of the High court in Port Harcourt nullifying the primaries of the All Progressives Congress (APC) in Rivers.
A panel of five justices, presided by Justice Mohammed Dattijo on Friday, February 8, overruled the objection of the Tonye Cole-led faction of the APC that it had earlier withdrawn from the appeal against the court's ruling.
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Source: Legit.ng