By Godwin-Maria Utuedoye,
The Federal High Court, sitting in Asaba, Delta State Capital, has adjourned the case between Hon. Chief Taleb Tebite and Hon. Chief Solomon Ahwinahwi over the House of Representatives candidacy of the Peoples Democratic Party (PDP) for Ughelli North/Ughelli South/Udu Federal Constituency to Monday, July 18, 2022.
The case was adjourned because the defendant’s counsel, Chief Albert Akpomudje SAN, argued that he received late a process which could create room for full hearing of the case, and counsel to the plaintiff, Chief Efe Akpofure SAN on his part argued that he received their reply few minutes before the sitting of 13 July, 2022.
The case was consequently adjourned by the Presiding Judge, Honourable Justice Folashade Olubanjo, for hearing of all the pending applications and the substantive originating summons.
In a chat, the led counsel to the plaintiff, Chief Akpofure SAN, said “the matter was supposed to proceed today (13th July, 2022), but counsel to the third defendant, Albert Akpomudje, said they were just been served with our process on Friday 8 July, 2022 and that he needed to file a motion asking for certain things and he filed the motion this morning.
“Because Monday and Tuesday were public holidays, so we were just served when I was about to address the court. So, we have to adjourn to Monday to hear all the pending applications and the substantive originating summons.”
On his part, counsel to the defendant, Albert Akpomudje SAN, stated that they received the plantiff’s process on Friday, the last working day before the Muslim holiday.
According to him, “once we received, we have to reply. There was no other working day after we received on Friday, except today (13 July, 2022). So, we received on Friday, we couldn’t have filed during the holiday. Today is the first working day after the holiday.
“They were trying to say they served us earlier, which is not true. It was on Friday which had been confirmed. So, they asked for adjournment, not me,” he added.
It could be recalled that Olorogun Taleb Tebite had in an originating summons with suit no FHC/ASB/CS/105/2022 sought, among others, an order compelling the first defendant (PDP) to accept, present, recognise, project and forward his name to the second defendant, INEC as the rightful candidate of the PDP to represent the PDP in contesting the forthcoming 2023 general elections into the Ughelli North/Ughelli South/Udu Federal Constituency of Delta State or any other date scheduled by INEC for the conduct of the said general elections.
“An order compelling the second defendant (INEC), to receive, accept, present, recognise, project, field, feature and/or publish the name of Hon. Taleb Tebite forthwith in its list of nominated candidates by the PDP in the Federal House of Representatives election as the rightful candidate of the PDP to represent the PDP in contesting the forthcoming 2023 general election into the Ughelli North/Ughelli South/Udu Federal Constituency of Delta state or any other date scheduled by INEC for the conduct of the said general election.
“A perpetual injunction restraining the PDP and INEC either by themselves, agents, privies, surrogates or any other person(s) whosoever from parading, presenting, recognising, projecting, forwarding, accepting or dealing with the 3rd defendant (Hon. Solomon Ahwinahwi) or any other person, whosoever, except the plaintiff (Hon. Taleb Tebite) in any manner, howsoever, as the candidate of the PDP to represent the PDP in contesting the forthcoming 2023 general elections into the Ughelli North/Ughelli South/Udu Federal Constituency of Delta State or any other date scheduled by INEC for the conduct of the said general election.
“A perpetual injunction restraining the 3rd defendant (Hon. Solomon Ahwinahwi) either by himself, agents, privies, surrogates, political supporters/allies or any other person(s) whosoever from introducing, parading, presenting,
recognising, projecting, forwarding, accepting or submitting himself/name or that of any other person, whosoever, (except the plaintiff, Hon. Taleb Tebite) to be forwarded to INEC or dealing with the PDP and INEC in any manner howsoever as the candidate of the PDP to represent the PDP in the forthcoming 2023 general election into the Ughelli North/Ughelli South/Udu Federal Constituency of Delta State or any other date to be scheduled by INEC for the conduct of the said general elections.
In a counter affidavit to the originating summons, filed by Hon. Solomon Ahwinahwi alleged that the plaintiff (Hon. Taleb Tebite) stormed the venue of the election held on Sunday, June 22, 2022 with thugs who caused serious scare.
He added that, as a result, the delegates were not screened and persons without identity cards/proper identification were allowed into the arena to vote.
He also alleged that the ballot papers printed by the PDP for use in the primary election specifically provided for the use of finger/thumb printing of ballot papers which was not adhered to.
According to the counter affidavit, “Because the thugs has caused pandemonium and to conceal the identity of those who thumb printed, delegates were threatened to start using pen to tick on the ballot papers. Unidentified persons voted to the point that delegates who were not present or had not voted were marked as being present and having voted.”
It added that it was due to the above irregularities and others that he (Hon. Solomon Ahwinahwi) through his counsel wrote a letter to the PDP Appeal Committee on the said primary election.
He added that the Appeal Committee sat over the petition and after due consideration of the petition and after inviting the electoral officer, Mr. Emma Chinye, and the Returning Officer, Hon. Kelly Penawou over the allegations, the committee issued a report, dated 23/5/2022 in which they found out that the rules and guidelines of the PDP for the conduct of the primary election was breached.
The National Executive Committee of the PDP received the said report and thoroughly reviewed it and on 27/05/2022 sent a letter, addressed to INEC wherein it confirmed that the primary election did not hold due to violence and that INEC should come and witness the re-run of the primary election.
“The recommendation for the annulment of the improperly conducted primary election of May 22, 2022 for Ughelli North/Ughelli South/Udu Federal Constituency was accepted by the PDP on May 25, 2022, wherein the PDP annulled the said primary election.
“On 30/05/2022, the re-run primary election was held at the Ughelli Township Stadium and it was duly monitored by INEC who issued a report superseding whatever report was previously issued on 22/05/2022.
“Consequently, my name (Hon. Solomon Ahwinahwi) has been forwarded to INEC as the actual winner of the primary election and I am the candidate of the PDP for Ughelli North/Ughelli South/Udu Federal Constituency election,” he added.