Honourable Justice K.A Ojiako siting in an Orlu High Court has rejected an application from the All Progressives Grand Alliance (APGA), Imo State chapter, seeking for a court order to prevent the swearing-in of Chief Eugene Dibiagwu, a Peoples Democratic Party(PDP) Imo State House Of Assembly member-elect for Oguta Constituency.
The state is ruled by APGA.
The application was brought before the Court by Mr. Walter Uzonwanne, the defeated candidate of APGA.
The Court relying on section 285 of the 1999 constitution and section 133 of the electoral act of 2010 as amended ruled that post-election matters can only be handled by Election Tribunals.
The PDP candidate was declared winner in August by the Independent National Electoral Commission (INEC), but the swearing-in has on two occasions been postponed in controversial circumstances.
A vacation Judge, Justice Ngozi Opara had put the swearing-in on hold. The case was later reassigned to Justice Orjiako.
Justice Orjiako made an order that the PDP candidate should be sworn in immediately.