By Abel Leonard Nzwanke/Lafia.
The Abuja Division of the Federal High Court, has ordered the Independent National Electoral Commission, INEC, to appear before it to explain alleged exclusion of Labour Party’s logo and the name of its candidate, Mr Umaru Angibi, in the ballot paper that was used for the last governorship election in Nasarawa State.
Justice Evelyn Maha ordered both INEC and leadership of the LP to appear on September 5, following an exparte motion with suit number: FHC/LF/CS/9/19, which Angibi filed through his lawyer, Mr. Joshua Barau.
The court gave the applicant the nod to within 24 hours, serve the order on the respondents via substituted means to enable them to file their processes in response to the suit within 48 hours after service.
The applicant had in his suit, sought for leave to paste the processes on the entrance gate of the party’s headquarters at No. 29, Oke Agbe Street, Off Ladoke Akintola Boulevard, Garlic II, Abuja.
He equally applied for abridgment of the time within which the respondents could file their memorandum of appearance and defense to the suit.
The applicant argued that “The election, having been conducted by the 1st respondent (INEC) without including the plaintiff/applicant’s name and party logo.
“This matter was filed since March 7. This court must abridge the time within which the respondents may file their defense so that the matter can be heard and disposed of within the time left”.
He told the court that the matter came up on four occasions in the Lafia Division of the Federal High Court before it was transferred to the Abuja Division.
The told the court that the party had on all the occasions, failed to appear in the matter, despite attempts by the bailiff to serve the originating processes and hearing notice on it.
“That the 2nd defendant at all material time always refused, declined accepting service of the orientation processes in the guise that the person responsible for receipt of same is not on sit and no other person can accept to receive processes except him.
“Attached is the affidavits sworn to by the court bailiffs marked as exhibits A, A1, A2 and A3.Mr
“That personal service on the 2nd defendant/respondent of the originating process and all other processes filed and/or to be filed in this suit will be impossible and inconvenient as nobody may be found there at the time of attempting to serve the 2nd defendant/respondent personally or everyone around decline to accept service as they have always done since this originating process was filed.
“I verily believe that it is a matter of urgency that this suit is heard speedily and time within which the respondents may file their defense to the suit be abridged”.
He, therefore, prayed the court to in the interest of justice, order the two respondents to appear on the adjourned date.
