A Makurdi High Court presided by Justice Elizabeth Kpojime has issued an interim order restraining Independent National Electoral Commission (INEC), All Progressives Congress (APC), Audu Ogbeh and Barr John Ali Ude from substituting the name of Agada Austin as the APC flag bearer for Ogbadibo state constituency.
The order is sequel to motion ex-parte No. MHC/45M/19 brought before the court by Hon. Agada Austin, the APC candidate for Ogbadibo state constituency in the forthcoming State Assembly election.
Agada in the motion prayed the court to restrain the defendants from substituting his name and publishing the name of the 4th defendant (Barr. John Ali Ude) as the APC’s candidate for Ogbadibo state constituency election.
Attached as exhibit to Agada’s supporting affidavit to the motion is the result sheet of the primary election conducted by APC wherein he was declared winner of the primary election.
In the supporting affidavit, Hon Agada deposed that the defendants are making attempts to substitute his name with that of the 4th defendant and publish the name of the 4th defendant as the winner of the said primary election.
Justice Kpojime, having listened to the submissions of M.S. Agaku, who appeared for Agada issued the following order: “The defendants/respondents by themselves or through their agents privies and representatives are hereby restrained from substituting the name of the plaintiff/applicant as the APC flag bearer for the Ogbadibo state constituency.
“The defendants/respondents by themselves and through their agents privies and representatives are hereby restrained from publishing the name of the 4th defendant/respondent or any other person than the plaintiff/applicant as the candidate of APC for the Ogbadibo state constituency.”
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