As the issue of the non – swearing in of the member – elect for Oguta State Assembly seat, Eugene Dibiagwu continues to generate heat, the Federal High Court in Portharcourt Judicial division has stopped an attempt by four political parties asking for the swearing in of any person as representing Oguta State constituency on the basis of the election of 11th of August 2012 bye – election.
Four parties, namely, the All Progressives Grand Alliance, APGA, Congress for Democratic Change, CDC, African Liberation Party (ALP) and Action Party of Nigeria, (APN), had gone to the Federal High Court, Portharcourt, to ask for an order of interim injunction restraining the Speaker of the Imo State House of Assembly, the Clerk, and Imo State House of Assembly, from swearing – in anybody in respect to Oguta Assembly seat, pending the hearing and determination of the motion on notice pending before the court.
Upon hearing, the submissions of Dr W Egbewole, counsel for the applicant move in terms of the motion paper, the court on Friday 5 September, 2012 with Justice Lambo Akanbi presiding could not grant the parties their request but rather granted them leave to issue and serve the originating summons and all other processes in this case in Owerri, Abuja, respectively, outside the jurisdiction of this court. The court also ordered that the appearance in court of Speaker, INEC, Clerk and Imo Assembly to appear in court on the 12th day of September 2012 to “show cause why the order of interim injunction being sought should not be granted”.
The new twist in the Oguta Assembly is coming moment after a High Court judge sitting at Orlu State Judicial Division (Mgbidi) quashed the interim injunction restraining Dibiagwu’s swearing in ordered by Justice Ngozi Opara the vacation judge sitting in Owerri. Justice K.O Orjiako a high court judge maintained that his court lacks jurisdiction on the matter as post election matters after INEC Certificate of Return has been issued, is a matter to be challenged at the Election Petition Tribunal.
Instead of going to the Election Petition Tribunal, APGA and others went to Federal High Court to seek another injunction restraining Dibiagwu’s swearing – in.
