A? Federal High Court sitting in Abuja, yesterday said it did not at anytime ask the Independent National Electoral Commission (INEC) to show reasons why today’s governorship election in Bayelsa State should not be stopped.
The presiding judge, Justice Donatus Okorowo said he was misrepresented in the media as the “court made no order as to show cause.”
“This court made no order to stop the election. This court made no order as regards restraining all the processes leading to the election,” he added.
It was reported in the media that the court ordered INEC to appear before it yesterday.? This was in a suit filed by Chief Kenneth Gbaliga Gbalikuma of the African Renaissance Party (ARP).
In a motion exparte argued by his counsel, Kayode Ajulo on Thursday, Gbalikuma had asked the judge to stop the election on the allegation that INEC violated some provisions of the Electoral Act 2010.
He claimed that the commission gave a 12-day notice to political parties for the Bayelsa governorship election instead of the mandatory 90 days as contained in Section 30 of the Electoral Act.
He stated that conducting the election by INEC would amount to a breach of the Electoral Act.
But Justice Okorowo stressed that he only directed the plaintiff to put the defendant on notice and not that he summoned them to come and show cause why he should not grant the prayers sought by the plaintiff.
The commission, which a court bailiff accused of evading service, was represented by its director, Legal Services, Ibrahim Bawa.
Bawa, who denied evading service, said the bailiff came after close of work and was asked to return this morning.
Justice Okorowo joined the Peoples Democratic Party (PDP) and its candidate, Henry Seriake Dickson in the suit yesterday as interested parties.
Although Ajulo did not oppose their applications, he frowned at INEC for not receiving the court bailiff.
He said the regulations of the commission could not override a legal statute as stated in the Sheriff and Bailiff Act.
Following claims by the defendants that they had not been served, the judge ordered the plaintiff to serve all the court processes on them before the next sitting on March 5.