UPDATES ON LEGAL BID TO ANNUL THE ILLEGAL LOCAL GOVERNMENT ELECTIONS HELD ON 21/9/2013 IN CROSS RIVER STATE. The APC legal team prosecuting the cases filed by the Party before the High Court of Cross River State, Calabar Division , challenging the obnoxious and draconian decision of the discredited CROSIEC to exclude it from participation in the Local Government Elections in the State , this afternoon filed two motions to quashed the purported elections held on 21/9/2013. The first motion seek amendment of the Party Originating Summons filed on 27/8/2013 to include a prayer for the declaration that the purported elections conducted by CROSIEC on the 21/9/2013 while Suit No.HC/303/2013 was pending in the High Court including a Motion for Interlocutory Injunction filed by the Claimant seeking for an Order restraining CROSIEC from conducting the said elections on 21/8/2013 pending the hearing and determination of the substantive suit is wanton, illegal, an affront and contemptuous and therefore null and void and of no effect whatsoever. The second prayer is for an Order of Mandatory Injunction seeking aside the purported elections conducted by CROSIEC while Suit No. HC/303/2013 was pending. The second motion filed by APC, the Claimant sought for an Order of Court disqualifying the Attorney General and Commissioner for Justice, Cross River State, Mr. Attah Ochinke and any other Counsel in His Chambers from appearing as Counsel to CROSIEC in respects of Suit Nos.HC/303/2013 and HC/305/2013 respectively. In the Written Address in support of the Motion, the APC argued that the Attorney General and or Counsel from the Ministry of Justice are not competent to represent CROSIEC in view of the provisions of Section 12 of the CROSIEC Law that stipulated that in the exercise of its functions it cannot be subjected or take directions from any person or authority. It further submitted that the appearance of the learned Attorney General as Counsel for CROSIEC in the cases filed by it negates the supposed independence and neutrality of CROSIEC. However no date has been fixed for the hearing of the two motions because the Chief Judge as at this afternoon has not assigned the cases to a new Judge following the Order made by the vacation Judge, Honourable Justice Ofem Ikpi on 20/9/2013 that cases be reassigned in view of the fact that vacation ended thatday.
Posted on: Thu, 26 Sep 2013 17:51:22 +0000