Achonu had emerged as the winner of the Julius Abure-led Labour Party primary election, while Ukaegbu Joseph won the primary election conducted by the Apapa’s faction.
The Apapa’s faction in the ex-parte application marked FCH/ABJ/CS/1357/2023 applied for an order of interim injunction restraining INEC from recognising or according recognition to any other person laying claim to the governorship ticket of the party in the state other than Joseph who emerged from Apapa led primary election of April 16, 2023.
They also sought an order of mandatory injunction compelling INEC to recognise and upload the name of Joseph as the authentic candidate of the party.
The faction further demanded a mandatory order against INEC that the name of Apapa be uploaded as the national chairman of the party as well as Alhaji Lawal Saleh as national secretary.
The presiding judge, Justice Inyang Ekwo, ordered the faction to turn the ex-parte motion to motion on notice and serve the same on INEC.
“I am not granting you this application today INEC must be allowed to explain its side in this matter, “the Judge said.
Counsel for the applicant, Mohammed Mohammed, SAN pleaded with the court to hear the matter as the case was status-bared but the judge disagreed with him.
He said, “Let me tell you, if you have a case and it succeeds at the end of the day whether an election is held or not does not matter. People have been removed from office. File your process and come to me tomorrow. Leave the rest to the court of justice. File and serve INEC today. I am not supposed to sit tomorrow but I will come because of this case,” he said.
The judge, however, adjourned the matter till November 10 to enable Apapa’s faction to present its prayers and INEC to respond with its defence.