Oju/Obi Fed. Constituency: Court dismisses Agada’s suit asking for certificate of return
Andrew Orolua, Abuja
Justice Inyang Ekwo of the Federal High Court in Abuja on Friday dismissed a suit filed by a House of Representatives candidate in the February 23 general elections, Ogewu David Agada seeking a mandatory order to be issued with a certificate of return.
Delivering judgment in the suit, Justice Ekwo held that the suit is an abuse of the process of the court having been filed while there are “multiplicity of actions on the same subject matter against the same opponent on the same issue”.
“I agree with learned counsel for the defendant that the action as presently constituted is an abuse of the process of this court”, the judge said.
” The consequential order of the court upon finding that an action is an abuse of court is to dismiss same and I do so,” he held.
Agada brought the action challenging the failure of the Independent National Electoral Commission to issue him with certificate of return having scored the highest votes, with 12, 794 votes for Oju/Obi Federal Constituency of Benue State, in the February 23 general elections.
In the originating summons marked FHC/ABJ/CS/327/2019 by his lawyers, Mike Ozekhome, SAN, he argued that under Section 75(1) of the Electoral Act 2010, he ought to be issued with a certificate of return since the Returning Officer, Professor C.C Iheukwumere, who declared him winner at 10:30pm on February 23, did not declare the result inconclusive or made it under duress.
The plaintiff added that the declaration by the Returning Officer was covered with video recording.
But INEC counsel in their objection, argued that Section 285(1) and 251 of the Constitution of the Federal Republic of Nigeria (as amended ), the Federal High Court lacks the jurisdiction to entertain the matter.
The commission also stated that only the Benue State National and State House of Assembly Election Tribunal can hear and determine the issue raised by the plaintiff who has gone before the tribunal on same issue.
