Aondoakaa’s motion for hearing October 12

Nigerian Concord Newspaper

A Federal High Court sitting in Abuja,Thursday fixed October 12 to hear the motion filed by former Attorney General of the Federation, AGF, Chief Mike Kaase Aondoakaa, SAN,in his suit seeking the nullification of the gubernatorial primaries of the All Progressives Congress, APC, in Benue State.

In the motion dated August 31,2022 and filed on the same date, Chief Aondoakaa, SAN, is seeking for extension of time to file his counter affidavit and written address to the APC’s motion on notice filed on July 8th, 2022.

He is also seeking to file his written address to the preliminary objections of Rev. Fr. Hyacinth Alia which was filed on July 8, 2022 and plaintiffs further affidavit and reply on point of law to Rev. Alia’s counter Affidavit to the Originating Summons.

When the case came up, counsel to Aondoakaa, SAN, C.I Okpoko sought the leave of the court to withdraw some of the process he had earlier filed before the court as he intends to file new ones.

He withdrew his earlier motion on notice filed on July 21, 2022, seeking for extension of time to file other processes,plaintiff’s further and better affidavit filed on July 22,2022 in opposition to APC’s counter Affidavit of July 8,2022.

He also withdrew plaintiffs written address dated July 18 and filed on July 21,2022 in opposition to Rev. Alia’s preliminary objection filed on July 8,2022 and four other professes earlier filed before the court in the suit.

Counsel to the APC, Mathew Bukka, SAN, that of Rev. Alia, S. I Ameh, SAN, and counsel to the Independent National Electoral Commission, INEC, S.M Danbaba did not oppose the application Okpoko to withdraw the seven processes.

Consequently, the Presiding Judge, Justice Ahmed Mohammed granted the application.

With the withdrawal of the seven process, Okpoko proceeded to inform the court of his motion on notice for extension of time to file plaintiff’s written address to the preliminary objections of Rev. Father Hyacinth Alia which was filed on July 8, 2022 and plaintiffs further affidavit and reply on point of law to Rev. Alia’s counter Affidavit to the Originating Summons.

All the defense counsels confirmed service of the motion on them.

The Presiding Judge, Justice Ahmed Mohammed, thereafter adjourned the matter to October 12, 2022 for hearing of the motion by Chief Aondoakaa, SAN.

In suit No: FHC/ABJ/CS/877/2022, Chief Aondoakaa, SAN, is seeking a determination of the court whether by the provisions of
Sections 29 (1), 82(1) and (5), 84 (1) and (2) of the Electoral Act, 2022 and Articles 20.3 and 20.4 of the Constitution of the APC (as amended March, 2022) which imposes obligation on the APC to conduct primary elections for the purpose of nominating its candidate for governorship elections in Benue State, whether the APC conducted the said primaries for election of governorship in accordance with the provisions of the Electoral Act, 2022, the Independent National Electoral Commission’s Regulations and Guidelines For Political Party Operations, 2022 and the Constitution of the APC.

He is also seeking a determination by the court whether in the light of the Provisions of Sections 29 (1), 82(1) and (5), 84 (1) AND (2) of the Electoral Act, 2022, APC can validly conduct a subsequent rerun Primaries for election of governorship candidate in Benue State when the earlier one had not been conducted in accordance with the law,amongst others.

The former AGF is seeking the following reliefs:

A declaration that by virtue of the non-compliance by APC with the provisions of the Electoral Act, 2022 and its constitution in the conduct of the said primary election process in Benue State for the emergence of its gubernatorial candidate for the 11th March, 2023 gubernatorial election, Rev. Alia is not a candidate at the said March 11th , 2023 gubernatorial election or at any subsequent or prior rescheduled date.

The former Chief law officer of the Federation as wants the court to declare as null, void and of no effect whatsoever the Benue State APC governorship primaries allegedly conducted on the May 26th, 2022 for non compliance with the provisions of the law, and a further declaration that the Summary Result Sheet of the Benue State APC Governorship Primary election dated May 28th, 2022 is a null, void and of no effect whatsoever.

Chief Aondoakaa, SAN, is also seeking a declaration that no APC Governorship Primaries was conducted on the 26th, 27th, 28th May, 2022 and or 8th and 9th June, 2022 in Benue State in accordance with the law and the APC Constitution (as amended March, 2022)

Aondoakaa, SAN, is seeking an Order directing the APC to pay him the sum of N50,000,000.00 (Fifty Million Naira) being refund of payment he made to the APC for the expression of interest form and nomination form as well as the sum of N100,000,000.00 (One Hundred Million Naira) only, payable by the APC being exemplary and general damages for its breach of contract to commence and conclude primary election and/or breach of Section 84 Act, 2022 and its Constitution and any other Order or Orders.

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