Warri – The Federal High Court sitting in Warri, Delta State, presided over by Justice E. Nwite, has fixed February 4, 2019 for ruling on who is the authentic candidate to represent Warri North Constituency on the platform of the All Progressives Congress (APC) to the Delta State House of Assembly in the 2019 general elections.
In his originating summons, the Plaintiff, Wilson O Alatsha, had argued that the originating summons filed against the defendants/respondents namely INEC, APC and Mr. David Olayinka Atie, who are the 1st, 2nd , and 3rd defendants, is valid and competent while the defendants’ counsel, E.E. Aneke, had argued that the case with suit No: FHC/WR/CS/2018 is defective and incompetent and not in accordance with Order 3 Rule 6 of the civil procedure rules of the High Court and urged the Court to set same aside saying that none of the parties will be prejudiced.
At the resume hearing of the case on Monday, Counsel to Alatsha, A.O. Okpakpor, who led eight other lawyers, maintained that their originating summons were competent and in compliance with the rules of the court and also based on the construction of the Electoral Act, 2010 as amended and the provisions of the APC Constitution 2014 as amended citing various cases in support of their argument and urged the court to uphold their argument has the defendants could not challenge their claims.
Though the 1st Defendant, INEC, and its counsel was conspicuously absent in court, counsel to the APC and Aneke moved for the case, which was taken together with the substantive suit to be struck out.
After listening to arguments from both parties, the presiding judge, Nwite, adjourn judgment on the main suit and ruling on the motion by the 3rd defendant to February 4, 2019 to determine the authentic candidate.