APC SUFFERS SETBACK : Court strikes out APC’s suit against Anambra Gov-elect ... VanguardNews

A Federal High Court in Abuja, on Monday, struck out an application filed by the All progressives
Congress seeking the prosecution of Anambra governor-elect, Chief Willie Obiano, over alleged double registration.
The APC had through its counsel, Mr John Anietor, applied for an order of mandamus to compel the Inspector-General of Police to prosecute  Obiano, for alleged double registration.
Ruling in the matter, Justice Gabriel Kolawole held that he was not persuaded by the motion exparte brought by the applicant’s counsel because it had had no supporting affidavit.
Kolawole also said that granting the prayers of the applicant for the arrest and prosecution of the governor-elect in his absence would adversely affect his right.
“Granting of such orders to prosecute him will not be in consonance with the letters and spirit of the law.
“The said motion exparte is, hereby, refused and the case struck out,’’ Kolawole said.
The News Agency of Nigeria (NAN) reports that Obiano contested the Nov. 16, 2013 poll as an APGA candidate, and was declared winner by the Independent National Electoral Commission (INEC).
Joined in the application are INEC and the Inspector-General as the first and second respondents.
The APC, in the ex parte application, prayed the court to grant it leave to apply for the order to compel the respondents to arrest and prosecute Obiano.
The party had said Obiano should be punished for allegedly registering  twice as a voter.
The offence, according to the applicant, contravenes the provisions of Section 12 (2) of the Electoral Act 2010 and sections 4 and 23 of the Police Act, Cap P19 LFN, 2004.
Anietor, had earlier in the application said that he had written a letter dated Nov. 12, 2013 to the first and second respondents about the matter.
He said the letter had informed the respondents of the facts and evidence of Obiano’s offence.
Anietor, submitted that the respondents “ignored, neglected and failed to prosecute Obiano upon the facts of multiple voter registration’’.
He also tendered documents to claim that the governor-elect had  earlier registered as a voter in Ifako/Soluyi Ward 2, Polling Unit 060, Kosofe LGA, Lagos, on Aug. 21, 2013.
Anietor, alleged that the governor-elect registered again on Sept. 3, 2013 in Anambra.(NAN)