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Withheld Result: Farah Sues INEC, REC

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The lawmaker-elect for Degema Constituency in the Rivers State House of Assembly, Farah Dagogo, has dragged the Independent National Electoral Commission (INEC), and the commission’s Resident Electoral Commissioner in Rivers State, to court over an alleged move to subvert his victory at the March 19 rerun polls.
The Tide learnt that the suit challenging INEC was filed at the Federal High Court sitting in Port Harcourt.
The Speaker Clerk and  the Rivers State House of Assembly, are the other  respondents mentioned in the suit.
In the motion ex-parte filed by Emmanuel C. Ukala on behalf of Dagogo, the applicant sought an order of mandamus pursuant to Order 34 Rule 3(2) (a) of the Federal High Court (Civil Procedure) Rules 2009.
Other reliefs sought by the applicant include a declaration that the decision of the Returning Officer for Degema State Constituency that declared and returned Farah Dagogo as winner was final and subject only to review of an election petitions tribunal or court, in election petition proceedings under the Electoral Act.
He also sought a declaration that INEC and the Rivers REC were not entitled to review or reverse the decision of the Returning Officer in line with the country’s extant electoral law.
The applicant further sought for a declaration forbidding INEC and the Rivers REC to issue Certificate of Return or give recognition to any other person as the winner of the election to represent the constituency in the Rivers State House of Assembly other than Hon. Farah Dagogo, who was declared winner and returned as such after the March 19 elections by the Returning Officer for Degema Constituency.
Dagogo further prayed the court to restrain the state House of Assembly, speaker and clerk from recognizing any other person as representing Degema state constituency.
While seeking for an order of mandamus compelling INEC and the Rivers REC to issue Certificate of Return to Farah Dagogo in line with the declaration of the Returning Officer for Degema Constituency, the applicant equally prayed the court for an injunction restraining the respondents by themselves or their servants, agents or privies from denying recognition to the applicant or any rights due him as the candidate duly elected as member of the Rivers State House of Assembly for Degema State Constituency.

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