A chieftain of the All Progressives Congress and aspirant for the Ahiazu Mbaise chairmanship seat in the just concluded Imo State council election, Dr. Martins Nwoga, has urged the Owerri Judicial Division of the state High Court to restrain the Imo State Independent Electoral Commission, the Imo State Government and the State Attorney General or any of their defendants, their agents, organ(s), privies or arm from returning or declaring one Chief Adoctus Onuoha as the elected chairman of the council.
In a five-page petition dated, 18th August, 2018, the plaintiff, through his counsel, Ihediohanma Akponye Esq., also prayed the court to restrain the defendants from swearing in, or causing the swearing in or inaugurating the said Adoctus Onuoha as the chairman of the council, parading, holding out himself as a chairmanship candidate, operating, presiding over any meeting or attending to functions, sitting in office as elected chairman of the council.
The aggrieved Nwoga who, among other issues, also prayed the court to restrain the third defendant (Chief Adoctus Onuoha) from exercising any power or duty, holding any property or paraphernalia of office or presenting himself as elected chairman of the Ahiazu Mbaise local government council, sought to know whether from the combined reading of the provision of Section 18 of the electoral Act that empowers the registration of political parties, Section 156 of Electoral Act on council elections and the provisions of sections 221 & 222 of the 1999 constitution as amended, the APC is bound to follow its constitution in selecting a candidate for election into the office of chairman, Ahiazu Mbaise Local Government council.
He also sought to ascertain whether, from the provisions of Article 20 of the APC constitution as well as the provisions of Section 87 of the Electoral Act as amended, the third defendant (Chief Onuoha) who did not participate in the primaries of the party was entitled to be presented as the nominated candidate of the party for the Local Government council elections in the state for the office of Chairman of Ahiazu Mbaise LGA.
Among other relief and clarifications, the plaintiff averred that if the defendants fail to appear and present their defence within a time frame, such order would be made and that proceedings might be taken as the judge might deem just and expedient.