Barely days to the gubernatorial and house of assembly
elections in the country, a High Court in Calabar has insisted that the removal
of All Progressives Congress (APC) candidates for the election in Cross River
is a settled matter.
The High Court presided over by Justice Eyo Ita in a suit
brought before it by an aggrieved APC governorship aspirant, Mr. Ukpan Odey,
said since the reliefs sought by the plaintiff were the same as that which a
Federal High Court had already ruled on, it could not ruled on them again.
The Federal High Court In Abuja had on February 11th, 2019,
in suit FHC/CA/CS/73/2018 ordered the Independent National Electoral Commission
(INEC) to delist all the names of candidates of APC from the 2019
elections.
Affirming that the ruling stands, Justice Ita directed “that
All Progressives Congress, APC, the 1st Respondent herein, is obliged to apply and
obey its constitution and guideline and their prayer N0 2 was decided in suit
FHC/CA/CS/73/2018 on 11/2/2019 and is res judicatory.
On plaintiff’s prayer No. 3, the court held that
“Prayer N0.3 was decided in Suit N0: FHC/CA/CS/73/2018 and
following that decision INEC, 2ND defendant herein, has removed the names of
all candidates forwarded to INEC by APC as a product of the primaries from its
ballot papers. Prayers N0.4 &5 in this case were granted in suit No:
FHC/CA/CS/73/2018. INEC has removed those names from its ballot papers.
“The name of the 3rd defendant has already been voided and
being one of those names sent to INEC by the first Defendant, APC, removed from
INEC ballot papers for the Governorship Elections in Cross River state coming
up on the 9/3/2109 in line with consequential order 5 in the Federal High court
case.
“I am of the settled view that the main causes of action in
claims 2-6 in this matter, which are the APC primary elections for her
candidates in Cross River state, and the sending of names of APC candidates
based thereon to INEC, were resolved by the Federal High Court in the case
referred to above on the 11/2/2019. The cause of action in those claims are
therefore res judicata. Claims 2-6 in this action are in consequence dismissed
as there is nothing left to decide in them.”
Speaking with newmen shortly after the judgment, A .U Bukar,
Counsel to Claimant, John Ukpan Odey an aspirant under APC, said he was happy
with the decision of the court following the fact that a Federal High sitting
in Abuja had already given an order on the matter.
“What was displayed earlier by the APC was political
rascality and we are happy that the High Court sitting in Cross River state
where my client instituted the matter has affirmed the order of the Federal
High Court of 11/2/2019 with Suit No FHC/CA/CS/73/2018 which has already been
obeyed by INEC which on the 22nd of February delisted all candidates of APC
including the governorship candidate, “he submitted.