Court Orders Re-Run Polls For Oguta

The Independent National Electoral
Commission (INEC) is yet to conduct a re-run election to fill the vacant seat
of the Oguta State Constituency as ordered by the Federal High Court Owerri,
Imo State.

Justice F.A Onabanjo had on December 12,
2011 ordered the commission to hold a re-run election to fill the vacant seat
without further delay.

Candidate of the PDP for the seat at the
April 26, 2011 election Mr Eugene Dibiagwu,
has approached the Court to compel INEC to issue him the certificate of
return.

He had further sought an order of the court
to be sworn in as winner of the election based on the already declared result
in which he scored the highest.

He had prayed the court to stop INEC from conducting fresh election in Oguta State Constituency, saying that the seven wards results that had already been declared by the Commission should be affirmed.

The plaintiff (Dibiagwu) had claimed among
other things: a declaration that the Defendant (INEC) lacked the powers to
conduct fresh election for the Imo State House of Assembly in the Oguta State
Constituency in seven wards of Oguta Ward A and Ward B.

He had mentioned the other wards to be
Egwe/Egbuoma Ward, Oru Ward, Ossemotor/Enigbo Ward, Awa Ward and Izombe Ward.

Dibiagwu also sought declaration that the
defendant (INEC) lacked the powers to disregard the results of the Imo State
House of Assembly elections compiled and announced in the seven wards in Oguta
Local Government

He had stated that INEC further lacked the
powers to disregard the results from Oguta Local Government collation centre as
results of the Imo State House of Assembly elections for Oguta State
Constituency held on April 26, 2011.

In dismissing the suit filed by Dibiagwu,
the PDP candidate, Onabanjo had held among others that,“we therefore hold that
the petitioner has not proved its allegation that election took place in Oguta
Local government Area on the 26th of April 2011, except in the 40 listed
polling units’’.

While the case was on, the APGA candidate
for the same election, Chief Walter Uzonwanne and Ugboma Onyebuchi of All
Nigeria Congress of Nigeria (ANCN) applied to join in the case.

The source reports that the court had
refused their motion and thereafter dismissed it.

According to her, the suit can be
effectively determined and disposed of in the absence of the parties seeking to
be joined.