After issuing a controversial order barring the Independent National Electoral Commission (INEC) from resuming the collation and announcement of the election results in the Bauchi gubernatorial poll, Justice Inyang Ekwo of the Federal High Court Abuja, yesterday refused to stop similar collation of results of Rivers State Governorship and House of Assembly election conducted by INEC on March 9, 2019; saying the reliefs sought by the applicants are “such that the court cannot grant without hearing from the other party.” The ruling raised fundamental questions as to the double standards, leaving observers to conclude that Bauchi ruling was because the plaintiff was the ruling APC party and its Guber candidate.
INEC had l fixed Wednesday, March 20, for the resumption of collation, conclusion and announcement of the remaining results following the report of its fact finding committee on the Rivers election. In announcing the resumption of collation of the results, the electoral body, disclosed that it had in its custody results from 17 local governments areas. The electoral umpire had suspended the electoral process after some military personnel and armed men invaded its collation center in the Rivers State capital, Port Harcourt.
Following the announcement, the African Action Congress (AAC), Engr. Biokpomabo Awara and Ben-Gurion Peter, filed an ex parte application before the court, seeking to stop INEC from resuming collation of the election results. The plaintiffs represented by Tawo Tawo (SAN), prayed the court for an order to stop INEC from going ahead to resume, conclude and announce the results of the March 9 election. The plaintiffs in their originating summons also prayed the court to stop INEC from declaring any person or group as winners of the poll. The plaintiffs specifically applied for an order compelling the electoral body to maintain the inconclusiveness of the election as announced earlier.
Defendants in the ex parte application are INEC and the Peoples Democratic Party (PDP). The APC had no candidate in the Rivers gubernatorial election. In a bench ruling, Justice Ekwo reversed himself on the Bauchi ruling and refused to grant the application, arguing that the reliefs sought by the applicants are “such that the court cannot grant without hearing from the other party.” He however ordered the plaintiffs to put the respondents on notice to come and show probable cause why the prayers of the plaintiffs should not be granted. Justice Ekwo subsequently adjourned till March 25 for parties to address him on the propriety or otherwise of granting the order.
Earlier, Justice Ekwo had drawn the attention of the plaintiffs’ counsel to social media reports to the effect that he had already stopped the electoral body from going ahead to take further action on the March 9, Governorship and House of Assembly elections in Rivers State. While stating that there is no judge by the name Inyang Ewa, who was alleged to have granted the purported order, he warned counsel and litigants from spreading fake news. Justice Ekwo said it was wrong for anybody or group to resort to self-help because it is not known in law.
