This is coming as Justice Abdul Kafarati of a Federal High Court sitting in Abuja is expected to set aside a restraining order on the election, as hearing resumes in the suit brought by the All Nigeria People’s Party (ANPP) seeking to stop the election.
The expected review is on the heels of a directive by the Chief Justice of Nigeria (CJN), Justice Dahiru Musdapher, compelling the judge to reverse himself.
But feelers from the court showed that Justice Kafarati has neither released the order nor reversed it.
The PDP, speaking through its counsel, J.K Gadzama SAN, argued that section Section 87(10) of the Electoral Act 2010 (As Amended, had ousted the jurisdiction of any court to stop the conduct of primary or general election
According to Gadzama, in a letter written to the Independent National Electoral Commission (INEC), "the order of court does not deprive the commission from conducting the governorship election in Cross River State as scheduled.
"This is clear from the provision of Section 87(10) of the Electoral Act 2010 (As Amended) which provides that:
“Nothing in this section shall empower the court to stop the holding of primaries or general election under this Act pending the determination of a suit.
"You will recall that in the Consolidated Appeals in SC 141/2011, SC 266/2011, SC 267/2011, SC 282/2011, and SC 357/2011 Brigadier-General Mohammed Buba Marwa & Anor Vs Admiral Murtala Nyako & Ors on tenure elongation, the Supreme Court of Nigeria, on the 27th day of January, 2012, ordered that the governorship elections in the five states, including Cross River State, shall take place not later than 90 days after the Supreme Court judgment.
The commission is well within the time stipulated in the judgment of the Supreme Court to conduct the election.
"The commission, under your able leadership, has been acknowledged and commended nationally and internationally for the conduct of free, fair and credible elections in Nigeria and the enthronement of democracy in our governance and it is our hope and prayer that the proper conduct of this gubernatorial election in Cross River State will be another eloquent testimony to the credibility of the commission.
"Consequently, we vehemently urge you to go ahead and hold the election as scheduled on Saturday, the 25th February, 2012, as the order of court cannot legally restrain the commission from conducting the election.”
