By Ilam Patricia
High Court sitting in Calabar has just affirmed the delisting of candidates of the APC in Cross River State including Governorship, National Assembly, as well as State House of Assembly flag bearers by INEC as legal.
Justice Eyo Ita gave a ruling in Calabar Tuesday (suit No: HC/48/2019) declared that following the decision of the Federal High Court, Abuja (FHC/CA/CS/73/2018) on the 11/2/2019 which ordered the delisting of APC candidates names by INEC as eligible is valid.
According to FearlessReports, the Judge said: “I declare that All Progressives Congress, APC, the 1st Respondent herein, is obliged to apply and obey it constitution and guideline and their prayer N0 2 was decided in suit FHC/CA/CS/73/2018 on 11/2/2019 and is res judicatta.
“Prayer N0. 3 was decided in Suit N0: FHC/CA/CS/73/2018 and following that decision INEC, 2nd defendant herein, has removed the names of all candidates forwarded to INEC by APC as a product of the primaries from its ballot papers. Prayers N0. 4 &5 in this case were granted in suit No: FHC/CA/CS/73/2018 .INEC has removed those names from its ballot papers.
“The name of the 3rd defendant has already been voided and being one of those names sent to INEC by the first Defendant, APC, removed from INEC ballot papers for the Governorship Elections in Cross River State coming up on the 9/3/2109 in line with consequential l order 5 in the Federal High Court case.
“I am of the settled view that the main causes of action in claims 2-6 in this matter, which are the APC primary elections for her candidates in Cross River state,and the sending of names of APC candidates based thereon to INEC, were resolved by the Federal High Court in the case referred to above on the 11/2/2019. The cause of action in those claims are therefore res judicatta, FHC/CA/CS/73/2018. Claims 2-6 in this action are in consequence dismissed as there is nothing left to decide in them”. The Judge said.
Speaking with Journalists shortly after the judgment, A .U Bukar, Counsel to Claimant, John Ukpan Odey an aspirant under APC, said he is happy with the decision of the Court following the fact that a Federal High sitting in Abuja had already given an order on the matter.
“What was displayed earlier by the APC was political rascality and we are happy that the High sitting in Cross River State where my client instituted the matter has affirmed the order of the Federal High Court of 11/2/2019 with Suit No. FHC/CA/CS/73/2018 which has already been obeyed by INEC which on the 22nd of February delisted all candidates of APC including the governorship candidate”. He said.
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