*Fixes March 3rd for hearing in Tinubu, APCs case against PDP, Labour Party, Action Alliance
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The All Progressives Congress and its presidential candidate, Bola Ahmed Tinubu, on Tuesday, commenced a legal battle to prevent moves by opposition parties to halt the ongoing collation of Saturday’s presidential election results.
The candidate and his party filed a suit to restrain the Labour Party and the People’s Democratic Party preventing the continuous announcement and collation of results of the poll.
The suit was marked FHC/KN/CS/43/2023 and filed before the Federal High Court in Kano.
The Action Alliance and the Independent National Electoral Commission were joined as defendants while the APC vice presidential candidate, Kashim Shettima, was also listed as a plaintiff.
According to Daily Trust, the plaintiffs in a motion on notice filed alongside the originating summons asked the court to make the order restraining the defendants from stopping the collation and announcement of the results.
They argued that “damages will not adequately compensate for the injury that may be occasioned on the Plaintiffs if by the Defendants stop the collation of the result.”
The case seeks an interim injunction barring the 1 to 3rd defendants, namely Action Alliance, Labour Party and the Peoples Democratic Party (PDP), their privies, agents and supporters from taking any step or steps whether judicial or extra – judicial that is capable of preventing the Independent National Electoral Commission (INEC) from the completing the process of the conduct of the Presidential election held on 25th February 2023 pending the hearing and determination of the applicants substantive suit.
According to the court papers, the process includes the collation and annulment of the results of the presidential election duly collated and announced by the state collation officers of the 36 states of the Federation and Federal Capital territory.
After the reading the affidavit in support of the motion, which was sworn to by Alhaji Abdullahi Abbas and the address of the Counsel of the applicants, the court however declined to entertain the exparte application. It rather ordered for an accelerated hearing of the motion, fixing 12 noon on March 3rd, 2023 for the hearing of case via zoom.
It also directed that the service of the process be effected by publication in three national dailies, 48 hours before the hearing of the application
“The parties shall be within 24 hours of hearing of the motion on notice be availed with meeting and access code” said the order.
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