2023: Court dismisses Nwa-Anyajike’s suit challenging Osakwe’s candidacy 

Chigozie Ikpo, Abuja

A Federal High Court sitting in Abuja on Friday struck out a suit filed by Mazi Okwudili Nwa-Anyajike against the Independent National Electoral Commission, INEC, over the removal of his name as candidate of the National Rescue Movement, NRM in the 2023 Presidential Election.

Justice Nkeonye Evelyn Maha struck out the suit on the ground that it was filled out of time.

In a suit marked FHC/ABJ/CS/1276/2022 dated and filled on July 29, Nwa-Anyajike asked the court to compel INEC to recognise him as the authentic presidential candidate of the NRM having emerged victorious in the presidential primaries held on June 2.

Also mentioned in the suit is Felix Johnson Osakwe who is the 2nd defendant.

In the party primaries, Nwa-Anyajike polled 180 votes to defeat his closest rival, Prof. Benedicta Egbo who scored 30 votes while six aspirants stepped down in the contest.

However, in the final list of presidential candidates, INEC published Osakwe as the presidential candidate of the party, rather than Nwa-Anyajike.

The Plaintiff in a letter dated July 13 and sent to INEC, alleged a plot by some persons in the party to forge his withdrawal letter, remove his name as candidate of the party and replace him with another candidate.

He proceeded to file a suit against the election umpire on July 29, challenging his removal as candidate of the party.

In the judgement, Justice Maha acknowledged the letter written by the plaintiff but held that the corresponding suit should have come within 14 days of the letter written to INEC.

Speaking to journalists after the judgement, The National Publicity Secretary of the NRM, Iliasu Samila Adamu, said the party is “shocked with the decision of the Court”.

Adamu said, “On July 13, our presidential candidate wrote a letter to INEC on the forthcoming forgery the defendants are being accused of.

“The so-called National Chairman of the party, Ambassador Isaac Ude was expelled, therefore he has no jurisdiction to act in the name of the NRM.

Adamu revealed that the the party would appeal the court judgement.

Also reacting to the judgement, Nwa-Anyajike in a statement made available to our Correspondent said he is disappointed by the judgement.

He said, “I am greatly displeased to hear the judgement of the Federal High Court sticking out my case based on a letter dated 13th July, addressed to the chairman of INEC to notify him of pending illegal withdrawal of my name as the NRM candidate.

“I wrote to INEC chairman to pre-empt him to be at alert as my name is being manipulated for substitution and that I have not withdrawn from the race.

“I notified him of the illegal substitution with forged documents in collaboration with some bad elements in INEC. The letter was minuted to the Director, Election and Party monitoring of INEC, who told me that he will put a stop on the action.

“As at 13th of July when the letter was written there was no cause to file a court action and my name was still in the system. However, my name was removed on the 25th of July and we filed a shit on July 29.

“A court action is filed only when an action has taken place and as of July 13, there was no cause of action. If INEC had acted on the letter we would not be in court.

“We will appeal the case in the higher court as soon as possible, I believe the justice will be done and redress.” Nwa-Anyajike said.