Legal fireworks resumed yesterday in a Federal High Court where a governorship candidate of the Peoples Democratic Party (PDP) in Enugu State, Anayo Onwegbu and 38 others are challenging the candidature of the incumbent Governor, Mr. Sullivan Chime who is running for a second term.

Meanwhile, the PDP yesterday asked the court to vacate its order restraining the Independent National Electoral Commission (INEC) from publishing the name of the Governor of Enugu State Mr. Sullivan Chime as its candidate in the April election.

Counsel to the PDP, Chief Olusola Oke, told the court that his client had indeed sent the name of Chime to INEC for publication on January 27; two days before the ex-parte order of January 30 came, restraining INEC from recognized Chime.

Justice Abdul Kafarati had while ruling on the exparte application restrained the PDP from submitting the name of Chime as its candidate for the forthcoming governorship election in the state pending the determination of an action challenging his alleged nomination.

In the exparte application argued by Alex Izinyon (SAN]) on behalf of a PDP governorship contestant in the state, Anayo Onwegbu and 38 others, the court granted an interim order restraining the Independent National Electoral Commission from accepting or validating Mr. Chime’s name as the party’s standard bearer for the governorship poll.

Thirty eight plaintiffs also got an order temporarily halting the electoral body’s dealing with alternative list of names. The trial judge, Abdu Kafarati, ordered “that the first defendant (PDP) is hereby restrained in interim from submitting any other names, list of names other than the names contained in the list of candidates dated 17th January, 2011 which includes the plaintiffs as the gubernatorial candidate and deputy gubernatorial candidate for Enugu State 2011 respectively and first defendants for the National Assembly and State Houses of Assembly in Enugu State for submission to the second defendant (INEC) pending the determination of the motion on notice.”

Kafarati, will on February 16 to deliver ruling on whether to vacate its interim injunction restraining INEC from publishing Chime’s name as PDP flag
At the resumed hearing of the suit, both parties argued their applications and adopted their written addresses.
INEC through its counsel, Onyechi Ikpeazu, argued that the electoral body’s decision to publish governor Chime’s name was not out of interest but for the fear of having the PDP shutout from participating in the April polls.
He further submitted that as at the time INEC was to published the name, it was Chime’s name that was in the listed submitted to it by the headquarters of the PDP, therefore could not have published any other name that was not given by the party.