Court fixes October 18th for hearing, ruling on Sen. Lokpobiri’s motion against Lyon, APC
The Federal High Court sitting in Yenagoa has fixed the 18th of October,2019 for hearing and immediate ruling on the motion on notice of the abridge of time files by the immediate past Minister of State for Agriculture and Rural Development, Senator Heineken Lokpobiri against the APC flag bearer, Chief David Lyon and the All Progressive Congress (APC) over the disputed Governorship primaries in the state.
The presiding judge, Justice Jane Iyang, who had earlier in the last hearing, objected to the attempt by the appellant to file exparte Motion on the same issue, however, adjourned for Friday to allow the motion but on notice.
Justice Iyang, after hearing the submission from Fitzgerald Olorogun, Counsel to Senator Heineken Lokpobiri, on the issue that all respondents including the APC flag bearer, Chief David Lyon and the All Progressive Congress (APC) have been served, fixed the date for hearing and ruling on the motion.
Fitzgerald Olorogun (Esq), who spoke with newsmen after the Court session, said the appellant re-filed the motion on the abridgement of time to have access to an accelerated response from the respondents.
The immediate past Minister of State for Agriculture and Rural Development, Senator Heineken Lokpobiri, in the suit numbered FHC\YNG\C\100\19 had applied for an order of perpetual injunction restraining APC, its officers, agents and privies from treating, presenting or holding out Lyon to the Independent National Electoral Commission (INEC) as the party’s candidate for the election.
The plaintiff also sought an order of perpetual injunction stopping INEC, its officers, agents and privies from accepting or further accepting, publishing or further publishing David Lyon as the flag bearer and another order barring the electoral body from excluding him as the APC candidate.
Besides, the governorship aspirant sought another order to stop Lyon from parading or further parading, presenting or further presenting himself as APC candidate and a similar order against INEC to stop it from accepting, recognising, or dealing with Lyon or putting his image on the ballot paper in the name of APC as the party’s governorship candidate.
Lokpobiri wants the court to compel INEC to treat him as the lawful candidate of APC and to accord him the rights, privileges and perquisites of a candidate of APC in the gubernatorial election.
In a 45 paragraph affidavit in support of the suit, the plaintiff averred that a governorship primary election committee was constituted by the National Secretariat of the APC under the chairmanship of Yobe State Governor, Mai Mala Buni and that the committee in compliance with the directive of the party conducted the primary poll through direct primary procedures.
The plaintiff who personally deposed to the affidavit claimed that the primary election was conducted throughout the state with the involvement of local government and ward chairmen of the party with six governorship aspirants including himself participating.
At the end of the primary election, Lokpobiri claimed that he won majority of lawful votes in five local governments comprising Ekeremor with 48,113, Sagbama with 24,890, Ogbia, 13,349, Yenagoa, 18,258 and Kolokuma/Opokuma where he scored 6,809, bringing his total score to 111,439 while David Lyon unlawfully declared as winner scored only 325 votes.