The lawmaker-elect for Degema Constituency in the Rivers State House of Assembly, Hon. Doctor Farah Dagogo has discontinued his suit against the Independent National Electoral Commission, INEC.
Farah Dagogo had dragged INEC, alongside four other respondents to the Federal High Court sitting in Port Harcourt over failure to issue him Certificate of Return after being duly declared winner of the March19 rerun elections by INEC’s Returning Officer for Degema in line with Nigeria’s Electoral law.
Farah Dagogo had disagreed with INEC position that it was investigating the process, contending that INEC are not empowered to investigate an already concluded process as such powers are only reserved for the Election Petition Tribunal and the conventional courts.
The position of Farah Dagogo was further solidified after the All Progressives Congress, APC, and its candidate in the rerun election, Hon. Eldred Braide, filed their cases before the Election Petition Tribunal challenging his victory.
Making case for the discontinuance of the case on Wednesday, Farah Dagogo’s counsel, E.O. Obioakor said the ‘ battle ground has shifted to somewhere else (Tribunal)’.
He asserted that two of the respondents in the case, APC and its candidate have already filed their cases before the Tribunal and going along with the case will amount to abuse of court processes.
On their parts, counsel to APC, Emenike. Ebete and its candidate, Jerome Eke asked the court to dismiss the suit entirely and award them cost for damages.
In his ruling, Justice Mohammed Lima said there were no reasons to dismiss the case but rather concur with the applicant’s application for discontinuance. He also awarded the sixth and seventh respondents payment of #5,000 for damages.
