Senator Samuel Anyanwu has suffered another setback in the suit he filed in the Federal High Court Owerri challenging the outcome of the People’s Democratic Party Governorship primary election
The court on Tuesday October 23, 2018 refused to hear his fresh application seeking amendments to his earlier affidavit
This is the third time Anyanwu would lose his application in the suit he joined the People’s Democratic Party; the winner of the party’s governorship ticket in the state, Rt. Hon. Emeka Ihedioha and the Independent National Electoral Commission (INEC) as co-respondents/defendants
In a fresh affidavit he submitted to the court on Friday, October 19, 2018 Anyanwu had sought court’s relief to grant the amendments he made on his earlier submission but the court refused to hear the application
The amendments sought by Anyanwu included that the court should declare him as the rightful winner of the October 1, 2018 PDP governorship primaries and that the date for the hearing of the substantive matter be abridged from the fixed date of November 19-22 to last week in October. This is in contradiction to his earlier affidavit which he sought the cancellation of the party’s governorship primary election which according to him was manipulated
In the fresh affidavit he indicted his counsel for misrepresenting his instruction in the original application resulting in the inherent contradictions and amendment
When the matter seeking that the amendment be granted came for hearing on Tuesday, October 23, 2018, counsel to Rt. Hon. Emeka Ihedioha, Mr. L.C Njamanje, SAN who led other SANs and lawyers argued that the application was not ripe for hearing doing so according to him would be a breach of fundamental right of fair hearing. Citing Order 26 Rule 5 of the Court he submitted that before a matter of this nature could come for hearing it ought to take seven days from the date of filing the affidavit to enable the respondents have enough time to respond to the affidavit
The presiding Judge, Justice Salihu Mohammed conceded to the position of Ihedioha’s counsel and refused to grant Anyanwu’s application for the matter to be heard.
Justice Mohammed submitted that his decision was in the interest of justice and fair hearing. The court however adjourned the matter till next week Tuesday, October 30.
