Onuigbo sued the APC, the Independent National Electoral Commission (INEC) and Mr Emeka Atuma as 1st, 2nd and 3rd defendants respectively over the alleged substitution of his name with another name.
Mr Samuel Onuigbo, the All Progressives Congress’ (APC) candidate for Abia Central Senatorial District, has asked a Federal High Court in Abuja to restrain his party from substituting his name for the 2023 election.
Onuigbo sued the APC, the Independent National Electoral Commission (INEC) and Mr Emeka Atuma as 1st, 2nd and 3rd defendants respectively over the alleged substitution of his name with another name.
The suit, dated June 21 and initially marked FHC/ABJ/CS/963/2022, was filed on Onuigbo’s behalf by his counsel, Chief Emeka Obegolu, the News Agency of Nigeria reports.
However, the Chief Judge of the Federal High Court, Justice John Tsoho, transferred the suit to Justice Evelyn Anyadike of FHC, Umuahia Division, under suit number FHC/ABJ/UM/CS/113/2022.
The plaintiff, in the suit, sought an order of court nullifying the unilateral substitution of his name as the validly elected candidate for that of Atuma, who he said never participated in the primary election of the APC for the Abia Central Senatorial District held between May 28 and May 29.
He is also praying the court to nullify and set aside the election result submitted to INEC on June 16, parading the name of Atuma as the candidate of APC for the senatorial district.
Onuigbo sought a court order mandating the APC and INEC to immediately include his name as the candidate of the party after he emerged as the winner of the poll, among others.
Meanwhile, Justice Anyadike, who granted leave to the plaintiff to serve the originating summons and other processes on the defendants by substituted means, directed that the court documents be delivered to the APC Headquarters.
“That time is abridged to 10 days from the date of service of the originating summons within which the defendants/respondents shall file and serve their counter-affidavit to the originating summons.
“That accelerated hearing is hereby ordered in this suit,” the judge ruled.