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The People’s Democratic Party (PDP) on Monday asked a
Federal High Court in Abuja to vacate its order, restraining the
Independent National Electoral Commission (INEC) from publishing the
name of the Governor of Enugu State,w, as its candidate in the 2011
election.

The party, through its counsel, Olusola Oke, told the
court that it sent the name of Mr. Chime to the electoral commission for
publication on January 27, two days before the ex-parte order of
January 30 came restraining INEC not to recognise Mr. Chime.

The presiding judge, Abdul Kafarati, had in a ruling
ordered the PDP not to submit the name of Mr. Chime as its candidate for
the forthcoming governorship election in the state, pending the
determination of an action challenging his alleged nomination.

In the exparte application argued by Alex Izinyon on
behalf of a PDP governorship contestant in the state, Anayo Onwegbu and
38 others, the court granted an interim order restraining INEC from
accepting or validating Mr. Chime’s name as the party’s standard bearer
for the governorship poll.

Thirty-eight plaintiffs also got an order temporarily halting the electoral body’s dealing with alternative lists of names.

The trial judge, Mr. Kafarati, ordered “that the first
defendant (PDP) is hereby restrained in interim from submitting any
other names, list of names other than the names contained in the list of
candidates dated 17th January, 2011, which includes the plaintiffs, as
the gubernatorial candidate and deputy gubernatorial candidate for Enugu
State, 2011 respectively, and first defendants for the National
Assembly and State Houses of Assembly in Enugu State for submission to
the second defendant (INEC), pending the determination of the motion on
notice.”

Judgement too long

Mr. Kafarati will on February 16 deliver ruling on
whether to vacate its interim injunction restraining INEC from
publishing Mr. Chime’s name as PDP’s candidate in the election.

At the resumed hearing of the suit, both parties argued their applications and adopted their written addresses.

INEC, through its counsel, Onyechi Ikpeazu, argued
that the electoral body’s decision to publish Mr. Chime’s name was not
out of interest but was done so that PDP is represented in the
gubernatorial elections in April. He further submitted that as at the
time INEC was to publish the names, it was Mr. Chime’s name that was
submitted to it by the headquarters of the PDP, therefore could not have
published any other name that was not given by the party.

The party also told a Federal High Court in Abuja,
that the primary election which produce Jubrin Isah as the governorship
candidate in Kogi State, was valid, that the alleged order for a re-run
election was done in error.

When the matter came up for hearing yesterday, counsel
to PDP, Mr. Oke, argued that the inclusion of Kogi State in the list
of places where re-run will hold was an error, adding that the National
Working Committee (NWC) has the final decision on all disputes relating
to the conduct of primary election and such decision is binding on all
organs and members, including the plaintiff.

Specifically, Mr. Oke said that the party had at no
time ordered a re-run in Kogi State as alleged by the plaintiff,
stating that any other document coming from any other person which is
inconsistent with the decision of the NWC should be discountenanced.

He, therefore, urged the court to dismiss the plaintiff’s claim on the ground that it was baseless and lacking in merit.