application filed by the All progressives
Congress seeking the prosecution of Anambra governor-elect,
Chief Willie Obiano, over alleged double registration.
The APC had through its counsel, Mr John Anietor, applied
for an order of mandamus to compel the Inspector-General of
Police to prosecute Obiano, for alleged double registration.
Ruling in the matter, Justice Gabriel Kolawole held that he
was not persuaded by the motion exparte brought by the
applicant's counsel because it had had no supporting affidavit.
Kolawole also said that granting the prayers of the applicant
for the arrest and prosecution of the governor-elect in his
absence would adversely affect his right.
"Granting of such orders to prosecute him will not be in
consonance with the letters and spirit of the law.
"The said motion exparte is, hereby, refused and the case
struck out,'' Kolawole said.
The News Agency of Nigeria (NAN) reports that Obiano
contested the Nov. 16, 2013 poll as an APGA candidate, and
was declared winner by the Independent National Electoral
Commission (INEC).
Joined in the application are INEC and the Inspector-General
as the first and second respondents.
The APC, in the ex parte application, prayed the court to grant
it leave to apply for the order to compel the respondents to
arrest and prosecute Obiano.
The party had said Obiano should be punished for allegedly
registering twice as a voter.
The offence, according to the applicant, contravenes the
provisions of Section 12 (2) of the Electoral Act 2010 and
sections 4 and 23 of the Police Act, Cap P19 LFN, 2004.
Anietor, had earlier in the application said that he had written
a letter dated Nov. 12, 2013 to the first and second
respondents about the matter.
He said the letter had informed the respondents of the facts
and evidence of Obiano's offence.
Anietor, submitted that the respondents "ignored, neglected
and failed to prosecute Obiano upon the facts of multiple
voter registration''.
He also tendered documents to claim that the governor-elect
had earlier registered as a voter in Ifako/Soluyi Ward 2,
Polling Unit 060, Kosofe LGA, Lagos, on Aug. 21, 2013.
Anietor, alleged that the governor-elect registered again on
Sept. 3, 2013 in Anambra.(NAN)
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