The All Progressives Congress (APC) candidate for Enugu East, Prince Lawrence Ezeh, has approached the Federal High Court in Abuja to disqualify Chimaroke Nnamani, of the Peoples Democratic Party (PDP), from contesting in the March election.
Eze contended that Nnamani, a former Enugu State governor, did not appear for clearance by the Independent National Electoral Commission (INEC).
He insisted Nnamani’s clearance, in absentia, violated the Constitution and Electoral Act. INEC is the second defendant in the suit.
Ezeh asked the court to determine whether from an interpretation of Section 117(4) of the Evidence Act, Nnamani was not duty-bound to appear before the commissioner of Oaths to depose to the sworn affidavit filed with the second defendant (INEC) as part of the requirements to contest the Enugu East seat.
In his second prayer, Ezeh said the court should determine if, having not also sworn the purported affidavit, Nnamani was eligible to contest the senatorial seat;
His third prayer asked the court to determine if failure to meet the obligations above did not amount to Nnamani’s disqualification for contravening Section 117 (4) of the Evidence Act.
The fourth prayer wondered if it was legal for the second defendant to clear the first defendant to contest the Enugu East seat, even when he did not appear before the commissioner for Oaths.
Ezeh prayed the court to determine if the purported sworn affidavit filed by Nnamani with INEC was “not null, void, and of no effect whatsoever.”
In seeking reliefs against the defendant, Ezeh asked the court to declare that INEC, under the Evidence and Electoral Act, had a duty not to recognise Nnamani as a candidate, having contravened Section 117 (4) of the Electoral Act; and that such continued recognition was illegal and unlawful.
He believed that as the country’s electoral umpire, it was the duty of INEC not to recognise Nnamani as PDP’s candidate, with regards to the Evidence Act contravened.
“That in view of these, INEC is liable to disqualify Nnamani,” Eze said.
The petitioner urged the court to compel INEC to stop parading or holding Nnamani as PDP candidate for the zone; as well as an order of perpetual injection restraining Nnamani from parading or holding himself as PDP candidate for Enugu East.
Nnamani arrived home last weekend after more over a year in the United States.
He won the primaries in absentia after defeating other aspirants, including incumbent Senator Gil Nnaji, who is in court, challenging Nnamani’s victory.
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