…Seeks for own Candidates to be declared winners
The Gubernatorial Candidate of the APC in the 2019 general elections in Enugu State, Barr. George Ogara has approached the Appeal court, challenging the Constitutionality of caretaker committees across the 17 LGAs of the state, earlier in the year.
Following the suit, the court of appeal, Enugu division has fixed appeal no CA/E/403/2019:
ALL PROGRESSIVES CONGRESS & ors V ENSIEC & ors for hearing on 23/6/2020.
The appeal is against the decision of Enugu state High court presided over by Hon. Justice F.I.N Ngwu on 24/1/2019 declaring the set up of caretaker and transition committees illegal by the PDP led Enugu state government in the 17 local governments and failure to declare APC and its candidates as the deemed elected candidates in accordance with Enugu State Local Government Law.
The appeal challenges the constitutionality of the various caretaker committees and transition committees set up by the PDP led Enugu State government in breach of section 7(1) of the 1999 constitution.
The appeal also challenges the legality of the local government chairmen of the 17 local government councils in Enugu State from 2015 till date since the case has been in court.
The Guber Candidate argued that by the doctrine of lis pendence, parties to a case are forbidden from taking over the subject matter of litigation during the pendency of the case. The appeal further challenges the continued breach of the Enugu state local government laws.
The Appellants, APC and it’s candidates have asked the court to declare the party and its candidates as the deemed election chairmen and councillors for the breach of section 7(1) of the constitution.
Enugu state government, attorney general, Enugu state, speaker and house of assembly Enugu state and the 17 local government chairmen filed their briefs of argument and represented in court by M .E Eze, Esq. and Ngene Esq.
PDP and its chairman did not file any brief of argument. However, Anthony Ani SAN & co came to court but did not file any brief. ENSIEC represented by G. Offordile -Okafor SAN filed brief of argument for ENSIEC and was also present in court.
The court of appeal after hearing has reserved the appeal for judgment.
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