Justice Evelyn Anyadike of Federal High Court,  Umuahia, Thursday adjourned  the suit filed by Rep Sam Onuigbo,  member representing Ikwuano/Umuahia North/South Federal Constituency,  seeking to restore him as the candidate of All Progressives Congress, APC for Abia Central Senatorial district,  to September 30, 2022


Sam Onuigbo

Onuigbo had approached the Court to uphold the APC Abia Central Senatorial primary election which was conducted  on  June 28 producing him as winner   as against a “so called” primary conducted on the July 7 which produced Hon. Emeka Atuma which he argued does not exist. Joined in the suit include the APC as first defendant, INEC and Hon  Atuma as second and third defendants respectively


Emeka Atuma

The suit slated for commencement of hearing on Thursday could not proceed following a preliminary objection filed by the counsel to the first defendant, APC  less than 24 hours to commencement of hearing.


In the preliminary objection, counsel to the defendant, Vigilus  C Nwankwo made reference to a primary election conducted on July 7,  which the plaintiff countered does not exist.


Counsel to Onuigbo,  Mr  Emeka Obegolu (SAN), however, urged the Court to strike out the preliminary objection.


In the  preliminary objection filed by APC's counsel, V. C. Nwankwo, stated that the substantial suit was not originally fixed for hearing on the  Sept 15,  as confirmed by the judge but was slated for  Oct 5, but “Suddenly a letter was written apparently from the plaintiff asking the court to fix  it for  a later and earlier date,  which the court graciously granted, bringing it to today so that all the parties will be able to come to court, so that by the time all parties are represented and all processes are before the court, the court can now fix a date for the hearing of the main case”

Nwankwo who stood in for for his colleague, Prof. Sam. Erugo also told the Court that the party did not receive the originating summon.

The Counsels to INEC and Atuma agreed that they had been served notice of originating summon.

Mr Obegolu speaking to journalists after the Court session said:

“The list of preliminary objection contains allegations of facts which we need to consult with my client and respond to, although we find it very provocative because those issues raised have nothing to do with the matter we came for today.

“The matter we came for today is based on the primary election conducted on June 28,  but in their notice they are referring to a primary election conducted on July 7,  which is not existing. We will respond accordingly and when we come back on September 30,  by the grace of God, the court will hear our applications”.

Mr  Vigilius Nwankwo who stood in for Prof. Sam Erugo, while speaking to newsmen, pointed out that Thursday was not originally fixed for the hearing of the suit but was rather fixed for the 5th of October. “Today was not originally fixed for the hearing of the substantive suit from the record of the court as confirmed by the judge.

“The matter was slated for hearing on the 5th of October then suddenly a letter was written apparently from the plaintiff asking the court to fix it to an earlier date as against that of 5th, so the court graciously granted it to today so that all the parties should be able to come to court so by the time all the parties are represented and all the processes are before the court, the court can now take either that 5th or a later date which will be for the hearing of the main case.

“However, we filed our preliminary objection yesterday, the preliminary of the first defendant which was not filed along-side the original processes suit filed and in the preliminary objection we are asking the court to strike out the suit or dismiss it, that it is incompetent.

“So that motion was served on the learned SAN, Obegolu who appeared for the plaintiff and he will need time to respond and after his response we also have the right to reply on points of call so the court graciously and benevolently adjourned to 30 of September for hearing of everything so the effect is that both the hearing of the preliminary objection and the main suit will be taken together and that’s what is the practice direction and even the Federal High court rules contemplated so the proceedings went well.”