The plaintiffs had got an order from the Federal High Court restraining the Independent National Electoral Commission from recognizing the candidature of Governor Akala, but the court vacated the order last Monday.
This came as one of the plaintiffs, Mr. Yekini Atoyebi petitioned the Chief Justice of Nigeria, Jutice Alloysius Katsina-Alu over alleged N50m bribe that allegedly exchanged hands before the vacation of the order.
He said in the petition that “our solicitor argued that having withdrawn the case against the 3rd defendant, there is no longer any application to discharge the order before him and he should allow the conclusion of the contempt proceedings”.
“The judge without hearing any counsel there and then discharged the orders and further, like someone acting a superior officer’s script went beyond the case before him by granting the order that the plaintiffs and the 4th defendants were free to file any nomination to any elective posts.
Dissatisfied with the decision of the court, the plaintiffs, through their counsel, Mr. Oluwarotimi Akeredolu (SAN), have insisted in their appeal dated February 16, 2010 that the lower court gave the orders without allowing any of the parties to argue.
They are also contending in a 28-paragraph affidavit deposed to by Mr. Oliver Okeke of MFL Chambers that the appellate court should give an order of stay of execution of the order of the lower court discharging its orders of interim injunction and also an order staying the execution of the order.
Also they are praying the court for an order granting leave to appeal on grounds of mixed law and fact as contained in the notice of appeal already filed at the lower court.
The plaintiffs are saying the court should grant them an order of interlocutory injunction restraining INEC from acting upon any nomination of any candidate of the 2nd defendant for the April elections in the state pending the hearing of the appeal and for such orders as the court will deem fit to make in the circumstances. The Appeal Court has fixed February 28 for hearing of the appeal.
Atoyebi said in his petition that he and other plaintiffs never prayed the lower court to allow the 1st Defendant to fill nomination forms for any elective post.
He called on the CJN to ask the Economic and Financial Crimes Commission to scrutinize all the accounts of the judge and those of his friends and families.
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