An Enugu-based lawyer Mr Chukwunonso Daniel Ogbe has dragged the senatorial candidate of the People Democratic Party for Enugu East Senatorial District of Enugu State and the former Governor of Enugu State being Dr Chimaroke Ogbonnia Nnamani to a Federal High Court sitting in Enugu, for Dr Chimaroke Ogbonnia Nnamani to be barred from standing as a senatorial candidate in the 2019 general election.
In the suit filed as the case of Mr Chukwunonso Daniel Ogbe Vs. Dr Chimaroke Ogbonnia Nnamani & Ors with number FHC/EN/CS/138/2018 pending before the Hon. Justice A. M. Liman of the Enugu Judicial Division of the Federal High Court, which was initiated in the form of an Originating Summons; the lawyer seeks the Court to determine whether Dr Chimaroke Ogbonnia Nnamani could be deemed in the eyes of the law to have availed the Independent National Electoral Commission with valid pieces of evidence as required under section 31 of the Electoral Act, to establish that he is constitutionally qualified to contest for the senatorial position of Enugu East Senatorial District of Enugu State in the 2019 general election.
The lawyer raised the question, owing to an alleged failure of Dr Chimaroke Nnamani to appear in person before the Commissioner for Oaths of the High Court of Enugu State to depose to the affidavit that forms part of INEC Form CF001 that was submitted to the Independent National Electoral Commission by the PDP in the course of his being nominated the senatorial candidate of the PDP for Enugu East Senatorial District.
The lawyer wants the Court to so hold that the failure of Dr Chimaroke Nnamani who he claimed was not within the territorial confines of Nigeria on the 16th day of October 2018 when Dr Chimaroke Ogbonnia Nnamani purportedly deposed to the affidavit that accompanied his INEC Form CF001 that shows he is qualified to vie for Senate under the platform of the PDP, to appear in person before the Commissioner for Oaths of the High Court of Enugu State on the date the affidavit was purportedly deposed to and have his signature authenticated, renders the affidavit of Dr Chimaroke Ogbonnia Nnamani a nullity. The lawyer accordingly prays the Court to disqualify Dr Chimaroke Nnamani as the senatorial candidate of the PDP for Enugu East Senatorial District of Enugu State having not shown that he met the constitutional requirement to vie for senate as laid down by the Nigerian Constitution of 1999 (as amended). The lawyer also wants the Court to restrain the PDP from fielding any other person as the senatorial candidate of the PDP for Enugu East Senatorial District in the 2019 election.
At the hearing of the matter on the 6th day of December, the Hon. Justice A.M Liman, upon an ex-parte application brought by the Plaintiff in that regard, ordered that some of the Defendants in the suit be served with the Originating Summons through substituted means.
Those sued as defendants in the suit include Dr Chimaroke Ogbonnia Nnamani, Peoples Democratic Party, Attorney-General of the Federation, the Independent National Electoral Commission and the Commissioner for Oaths of the High Court of Enugu State.
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