The electoral crisis surrounding the number one seat in Imo State may after all not be resolved on May 06, 2011, as the All Progressive Grand Alliance (APGA) and its Governorship candidate for Imo State, Owelle Rochas Okoroacha have invoked the jurisdiction of the Federal High Court in the FCT to stop the Independent National Electoral Commission (INEC) from going ahead with its planned supplementary election in four local government areas of Imo State, where it declared the April 26, 2011, governorship election as inconclusive.
The duo of APGA and Okorocha in a notice filed today on their behalf by their lawyer, Professor Francis Dike (SAN) before Justice Donatus Okorowo warned that a breakdown of law and order would envelop the state if the court does not stop INEC from going ahead with the election.
The matter has slated been slated for hearing tomorrow (May 05, 2011).
They also argued that the proposed supplementary election is in breach of the Electoral Act which clearly stipulates that election into the office of the governor of a state must be conducted not earlier than 150 days and not later than 30 days before the expiration of the term of office of the last holder of that office.
The two injunctive reliefs being sought from are:
a) An order of interlocutory injunction suspending the decision of INEC to conduct supplementary election or any other election howsoever called on the May 6th, 2001 or any other date into the office of the Governor of Imo State pending the hearing and determination of the substantive suit.
b) An order of interlocutory injunction restraining INEC from taking any step whatsoever or conducting supplementary elections or any elections howsoever called on the May 6th, 2011 or any other date into the Office of the Governor of Imo State pending the hearing and determination of the substantive suit.
That Rochas Okorocha won 12 out of the 24 local government councils where elections were held as against PDP candidate Ikedi Ohakim, who won in 11 local government areas, according to the a 25-paragraph affidavit attached to the suit and deposedto by a lawyer at the chambers of the plaintiffs’ lawyer, Mr. Jude Nsofor.
That by the released result of the Mbaitolu Local Government Area by INEC upon conclusion of the election in the council area, that Okorocha led the other contestants with 17, 757 votes while the PDP runner up scored 12,440 votes.
That of the said 11 Local Government Areas declared to have been won by the PDP, the plaintiffs also scored not less than 25 per cent of total votes cast in five of the council areas namely, Aboh-Mbaise, Ahiazu-Mbaise, Ikeduru, Nwangele and Ezinihitte Mbaise local government areas.
That the plaintiffs scored 299,253 votes out of the total votes cast in the election including Mbaitolu LGA result while PDP, the runner up scored 291,365 votes.
That when the results of the election in Mbaitolu LGA were added the plaintiffs had scored not less than 25 per cent of the total votes cast in 18 local government areas being two-thirds f the 27 local government areas of Imo State.
Punch
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