A Federal High Court in Lagos Tuesday shut out
the Unity Party of Nigeria (UPN) from
participating in this week’s presidential election.
The trial judge, Justice Okon Abang, while ruling
on the motion to join the All Progressives
Congress (APC) which was seeking to be joined
as a co-defendant in the UPN’s suit, held that
assuming without deciding that the suit
succeeds, the implication would be that all the
electoral materials already printed and
distributed by INEC in preparation for the
elections would have to be destroyed and new
ones printed.
UPN had filed the suit to compel the Independent
National Electoral Commission (INEC) to list
candidates of the party for March 28 and April 11
elections.
But the APC filed a motion, seeking to be joined
as co-defendants.
In his ruling, the judge pointed out that the suit
was filed by UPN on February 25 after the
postponement of the initial February 14
presidential election date, and that the suit came
up for the first time in court on March 6, a period
of 21 days to the rescheduled presidential
election.
“The applicant (UPN) cannot create problem for
this court and indeed the entire country. The
court cannot command the impossible. The
plaintiffs cannot file this suit 21 days to the
election and expect that it must be heard and
judgment delivered before the election.
“Even though the plaintiffs have no claim against
the APC, but the outcome of this suit will affect
the party because it is about an election which
the party is participating.
“This is a pre-election matter and it can be
heard after the election,” Justice Abang ruled.
The judge also granted a motion filed by the APC
seeking to be joined as a co-defendant in the
He also granted a similar suit filed by the APC’s
presidential candidate, Muhammadu Buhari
seeking to be joined as a co-defendant to the
suit.
The judge then ordered that APC and Buhari
should be joined as second and third defendants
respectively in the suit.
The judge also ordered the plaintiffs to amend
the processes in the suit to reflect the additional
defendants and serve same on the parties within
three days.
The matter was subsequently adjourned to May
6, 2015 for hearing.
By implication, the elections can now go on as
scheduled.
In a brief response, Buhari’s lawyer, Wole
Olanipekun (SAN) commended Justice Abang for
the ruling, saying the court had made a
statement to those playing game that the
judiciary “cannot be used to scuttle Nigeria’s
democracy.”
But UPN’s lawyer, Akinwale Ekunnisi urged the
court to discountenance Olanipekun’s allegation,
adding that the UPN had every right as a
political party to participate in an election.
“My Lord, I need to correct the wrong impression
just created by the learned silk. We are not being
used to scuttle the election. We are only in court
to enforce our rights,” he said.
While arguing the application for joinder, APC’s
lawyer, Emeka Ngige (SAN) had stated that the
UPN’s suit was filed on February 25, after the
initial dates of the elections were postponed.
“The implication, if the UPN’s prayer is granted,
is that ballot papers and other electoral
materials already printed and distributed ahead
of the election, would have to be destroyed and
new ones printed.
“We are in a race and we are ready to go but
someone is trying to draw us back. What we are
saying is that time is of the essence because
election must be conducted at least 30 days
before the end of the tenure of an incumbent
administration,” Ngige stressed.
The lawyer also drew the court’s attention to a
statement issued by the UPN adopting President
Goodluck Jonathan as the candidate of the party
for the presidential election.
He also urged the court to take judicial notice of
a letter written by the UPN to INEC stating that
the party was engrossed in internal crisis.
INEC’s lawyer, Mrs. N.O Taiwo did not oppose
the application for joinder.
But UPN’s lawyer (Ekunusi) urged the court to
reject the motion filed by the APC on the
grounds that no serious reason to justify the
application was canvassed before the court.
He said APC must show real and not speculative
interest to join the suit, and that APC was not
the only party in Nigeria.
Ekunusi also wondered how APC knew about the
distribution of the sensitive materials for the
election, and that it was absurd for APC to be
canvassing arguments on behalf of INEC.
He also faulted a claim by the APC that the
grant of the prayers in the suit would rob them
of electoral fortune, adding that such statement
was without definition.
In the main suit, UPN’s presidential candidate,
Helen Godswill, alongside other candidates of the
party are contesting the non-publication of their
names as candidates for the forthcoming general
election.
The party is accusing INEC of failing to publish
the names of its candidates as required by
Section 34 of the Electoral Act.
The UPN presidential candidate personally
deposed to an affidavit in support of the suit
wherein she recalled that despite the fact that
INEC monitored the primary elections conducted
by the party to SELECTcandidates for various
elective positions, the commission nonetheless
failed to publish their names for the election,
thereby disqualifying UPN candidates from
participating in the forthcoming general election.
The other applicants in the suit, who emerged as
UPN candidates for elections into Federal House
of Representatives and States House of
Assembly are Adewale Arogundade, Ganiyat
Durowoju Folawewo, Taofeek Adedoyin Adeniyi,
Augustine Olatunde Omilabu, Henry Ayoola
Abimbola, Olufemi Ajayi Gregory, Towobola
Adeola Adebowale, Eberechukwu Orehewere and
Ekeata Lydia Onwordi.
Others are Chukwuma Christopher Egbukichi,
Samuel Ayodeji Ajaka, Ganiyat Olabisi Agboola,
Ramota Afolashade Raji, Ramon Oreoluwa
Ajanosi and Hakeem Kehinde Olaribigbe.

source: http://www.thisdaylive.com/articles/court-shuts-out-upn-from-participating-in-presidential-election/204999/

As if UPN would win......more votes GEJ ....GEJ till 2019