By Ikechukwu Okaforadi with agency report
A Federal High Court at the weekend in Abuja affirmed the election of Chris Emenaka of PDP and four others to represent their constituencies in the Anambra State House of Assembly.
Others are Vivian Akpangbo-Okadigbo, John Olubie, Rebecca Udoji and Paulinus Onyeka.
Delivering judgment, Justice Abdul Kafarati held that the cause of action was not ``justiceable.''
He said that the court lacked the jurisdiction to overturn an outcome of an election based on a post election suit.
``The plaintiff ought to have challenged the alleged unlawful exclusion of their names at the Anambra State Assembly Election Tribunal.
``The court will be violating the provision of the constitution on the matter if it does otherwise.
``The court cannot also withdraw the Certificate of Return already issued to the five defendants on the grounds of this case, just as the court will not compel INEC to swear-in the plaintiffs because of their complaints.
``The interim order made by Justice Glady Olotu of the Federal High Court Abuja, barring the Speaker of the Anambra House of Assembly from swearing-in the five defendants is hereby set aside.''
NAN recalls that the matter was initially handled by Justice Olotu before its transfer to Justice Kafarati.
NAN reports that the defendants are to occupy Ekwusigbo, Oyi, Anambra East, Dunukofia and Akwa North, respectively.
Egbe Chidi, Solomon Ekweoba, Celestine Ofogbunam, Umerie Uchenna as well as Boniface Okonkwo were the plaintiffs in the matter.
They had approached the court with a complaint of unlawful exclusion of their names from the list of candidates to contest the April, 2011 State Assembly election.
They had claimed that the National Working Committee (NWC) of the party was part of the process that selected them to contest the election.(NAN)
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