The Federal High Court, Abuja, on Friday dismissed a suit filed by David Agada, over non issuance of Certificate of Return by the Independent National Electoral Commission.
Agada, who contested for the Oju/Obi Federal Constituency seat in Benue in the Feb. 23 elections, was challenging INEC for failing to issue him with a certificate of return having scored the highest votes in the election.
Delivering judgment in the suit, Justice Inyang Ekwo held that it was an abuse of court process.
The judge said this was because it was filed while there were multiple actions on the same subject matter against the same opponent, on the same issue.
Agada’s counsel, Mike Ozekhome (SAN), had argued in the originating summons he filed that under Section 75(1) of the Electoral Act 2010, his client ought to have been issued with a certificate of return.
Ozekhome said this was because the Returning Officer, Prof. C.C Iheukwumere, who announced him winner on February 23, did not declare the result inconclusive or under duress.
He submitted that there was a video recording to show the declaration of the result.