From Umar Dankano,Yola
The Independent National Electoral Commission has been restrained by High court Yola from conducting the governorship re-run election slated for Saturday,23th March in Adamawa State over omission of the Movement for the Restoration and Defence of Democracy (MRDD) party logo on the ballot papers.
Counsel to the party (MRDD), Barrister Mustapha Shaba approached the court over absence of the party logo on the ballot paper of the inconclusive election.
Delivering the ruling after going through the two affidavits in support of the motion including that of extreme urgency, Justice Abdulazeez Waziri, held that the request has merit and, therefore, was granted.
“After careful perusal of the a annexture of the MRDD 1 to 5 alongside written address of counsel urging me to grant the application, I am of the view that the application is pregnant with merit and must be granted.
“I hereby grant the following order.
“The defendant herein, the INEC, is restrain whether by themselves, their executives, servants, privies, representative nominees or any other person or persons from proceeding with the supplementary election in respect of Adamawa State Governorship, pending the hearing and determination of the Motion on Notice.”
The Judge ruled that all the processes relating to the suit be served to Adamawa INEC in Yola in compliance with Order 6 of the Court.
The case was adjourned to March 21 for hearing of motion for the interlocutory injunction.
Speaking to newsmen on the development, counsel to MRDD, Barrister Shaba said the plaintiff, MRDD, represented by the state chairman of the party, Ibrahim Umar, rushed to the court to complain against what he described as “serious infraction”.
Reacting to the development, the Resident Electoral Commissioner in the state, Barrister Kassim Gana Gaidam said no court order can stop the commission from going on with the supplementary election fixed for 23 March.
“Though we are not aware of any court order restricting INEC, however, let me tell you that court order will not stop any election.
Gaidam quoted relevant section in the electoral Act, saying Section 87 (10) of the Electoral Act which provides; “Nothing in this section shall empower courts to stop the holding of primaries or General election or the processes thereof under this Act pending the determination of a suit,” he stressed.