The Anti-Corruption and Integrity Forum, a
civil society group, has instituted a suit at the Federal High Court, Asaba,
Delta State seeking the disqualification of Senator Peter Nwaoboshi from next
month’s National Assembly election over alleged membership of a secret society.
Nwaoboshi is the incumbent senator representing Delta North
Senatorial district, and chairman, Senate Committee on Niger Delta. He is
seeking re-election on the platform of the People’s Democratic Party (PDP).
The civil society group is alleging that Nwaoboshi is a member
of secret society First Trigger Boys (FTB) that allegedly murdered one Zakarie
Saswed on July 20, 2013 at Ibusa in Oshimili North Local Government Area of the
state.
The group, in suit number FHC/ASB/C5/11/2019, further alleged
that the secret society was responsible for the murder of motorcycle operators
(popularly known as ‘Okada riders’) within Ibusa community between June and
July, 2013.
The PDP, Independent National Electoral Commission (INEC), the
state Attorney General and Commissioner for Justice and the state Commissioner
of Police were joined as second, third, fourth and fifth defendants,
respectively.
The plaintiff is seeking the interpretation of Section 66(1) and
(g) of the 1999 Constitution as amended, whether Nwaoboshi is qualified to
contest election because of his alleged link to the secret society.
Among the reliefs sought by the plaintiff is an order to nullify
any certificate of return issued by INEC to Nwaoboshi, and a fresh one to be
issued to the candidate who came second by majority of lawful votes cast in the
PDP Delta North senatorial district primary of October 2, 2018.
In the alternative, the group prayed the court for an order for
Nwaoboshi to vacate the seat if he wins the 2019 election to pave way for his
replacement by the candidate who came second in the PDP primary for the
senatorial district.
Presiding judge, Justice O.E. Abang, who adjourned the matter to
February 5, 2019 for mention, granted leave to the plaintiff to serve
concurrent writ of originating summons on the second and third defendants (PDP
and INEC) in Abuja.
The court, however, struck out the application for accelerated
hearing on ground that parties in the case must be represented in court to
agree whether the case should be given speedy hearing.
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