COURT RESTRAINS NACRISS UCC FROM CARRYING OUT INAUGURATION OF NEW EXCO.
The National Association of Cross River State students in the
University of Calabar are left in total shamble, following the
injunction of the high court to stop the inauguration of the newly
elected executives of the association.
The injunction came following
a judgement delivered in the students high court (THE MALABOR HIGH
COURT), following a petition filled to the court by one Comr. Omligbe,
John Obaji, a final year student of the faculty of law in the
institution, who is also a member of the association, who was also a
Presidential aspirant in the just concluded elections of the
association.
Comr.John filed a petition to the court, through his
counsel, Comr. O.A. Obase(Esq), of the Victor Ndoma Egba chambers of
justice, of the faculty of law.
The petition with suit number
Hc/004/2015, had Ogenye, Paul Ashi, the President elect of the
association as the first respondent, The ELECTORAL Committee of the
association as the second respondent, and Mr.Ubi, Onen as the third
respondent.
In the petition, the applicant has accused the second
and third respondent of unlawfully excluding his client who was lawfully
nominated to contest the election for the office of the President of
the association, in the just concluded elections of the association.
Also that the election of the 1st respondent as the president was
invalid by reason of corrupt practices and non-compliance with the
extant laws regulating the conduct of the associations elections.
The petition which was supported with a ten paragraph affidavit to back
up the claims also had the applicant praying for an order of injunction
restraining the second and third respondent from inaugurating the first
respondent, and also an order from court restraining the first
respondent from presenting himself for any such inauguration or swearing
in.
Presiding over the case, the chief judge of the malabor high
court, Hon. Justice Atteh, Triumph Paul, and four other judges of the
high court, listens keenly to the submission of the prosecuting counsel,
since the defending counsel had absented themselves in the court.
Delivering the judgement, the chief judge of the high court, supported
by the other four judges of the court, stated that ‘the court has
noticed with great dismayed the absence of the respondent in court
without any notification, and having listen to the submission of the
prosecuting counsel, and questions asked, and answers provided,
evidenced also provided, therefore in pursuant to order 21 rule 1 of the
cross river state high court, the applicants prayers are granted’.
Shortly after the judgement, the whole court was filled with jubilations.
Speaking to newsmen after the judgement was delivered, the petitioner,
filled with smiles expressed delight over the judgement of the court,
and according to him the court is back to give hope to the oppressed.
When asked what will be his next action if the injunction of the court
is not honoured, he quickly replied that he will resort to self help.
Meanwhile the counsel to the petitioner, said he is confident that the
high court has the mechanism they will used to implement their
judgement, and as such he is confident that his client will be granted
the justice he was denied.
Also speaking, the chief judge of the
high court, expressed optimism that the judgement of the court will be
implemented, through the management of the institution, but according to
him, if the management is not ready to implement it, without any
cogent reasons, then the external bodies will be involved to help foster
justice.