An Abuja Federal High Court yesterday restrained the Independent National Electoral Commission (INEC) from going ahead with Saturday's governorship election in Cross River State.Justice Abdul Kafarati issued the order after a motion ex-parte filed by the All Nigeria Peoples Party (ANPP) and its governorship candidate, Dr. Obol Patrick Okomiso was argued.
The plaintiffs, through their counsel, Nmerengwa Alozie argued that INEC did not have the power to reschedule the election to less than 48 days to the initial date fixed for the election.
They said the electoral body having slated April 14, for the election to hold, had no legal justification whatsoever to bring forward the date.
The plaintiffs sought an order of interim injunction restraining INEC from proceeding to conduct the election into the office of Governor of Cross River State on February 25, pending the hearing and determination of the motion on notice.
They similarly sought an order directing INEC to maintain status quo ante lite (as at February 15, 2012) to refrain from taking further action or steps regarding the revised timetable for the conduct of the election into the office of Governor of Cross River State pending the hearing and determination of the motion on notice filed on February 15.
ANPP said in an affidavit in support of the application that INEC's use of the Supreme Court judgment which removed five state governors from office as its reason for changing the timetable was not tenable in law.
Justice Kafarati abridged the time for INEC to appear before the court on February 28, to defend the suit.
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