The All Progressive Congress(APC) has sent a protest letter to the National Judicial Council (NJC) and the Independent National Electoral Commission (INEC) over the alleged partisan and bias conduct of Justice J. E. Iyang of the Federal High Court sitting in Yenagoa over the award of interlocutory order that aborted the 23rd March supplementary election in Brass Constituency 1 of the State.
According to the APC, in the petition dated 27th March, 2019 and signed by the State Chairman, Mr. Jothan Amos and State Secretary,Engr. Alabo Martins, the conduct of the Justice J. E. Iyang and the Registrar of the Federal High Court was allegedly illegal, partisan and financially induced by the People’s Democratic Party (PDP) during the judicial process that led to the court order that aborted conduct of State Assembly Brass Constituency 1 supplementary election oin the state.
The APC, in the petition filed and made available to newsmen yesterday in Yenagoa, stated that “Suit numbered FHC/YNG/CS/41/2019 was filed by Hon.Preye Broderick of the PDP versus INEC on the 21st of March, 2019 and an exparte order increasing the number of polling units where supplementary elections should hold in ward 6 of Brass constituency was granted by the court on the 22nd of March, 2019 while the defendant and the other political parties as well as the APC were preparing for the supplementary elections slated to hold on the 23rd day of March, 2019 in unit 11 to 16 of the said constituency. ”
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“prior to the granted exparte application, the Honourable judge ordered that the applicant to put the respondent on notice and also ordered the respondent to file it’s reply to the said exparte application within two hours of the same day. However the court granted the exparte application and added units 1-10 and 17-21 of ward 6 as part of the areas where supplementary election should be held as against unit 11-16 original cancelled by INEC and rescheduled to hold on the 23rd day of March, 2019.”
“When our party got wind of this unpleasant information, we instructed our legal team to apply for certified copy of the Court’s ruling as well as the enrolled order and other documents of the court’s fine to enable us review and take position on the issue. Our legal team swung into action and make the necessary application on the 25th of March to the court, but we’re told to return the next day by 2pm for the ruling and order of court as the said process were still being prepared. ”
The party accused the Federal High court Judge and Registrar of playing delay tactics and even threatened the APC lawyers with arrest , “this is where the court judge and the registrar revealed that they are interested party in the suit. We want the suit to be transferred from the court to another court to be heated by another judge.”
The APC also asked the Chairman of theNational Judicial Council,Justice Ibrahim Tanko Muhammadu of nipping in bud the gross abuse of the office of Justice Iyang and check the flagrant, unwarranted exercise of discretion, reckless award of interlocutory order, bias and favouritism by Hon.Justice J. E. Iyang to serve as deterrent to others.
