Contrary to speculations that the forthcoming governorship election in Cross River State on Saturday may not hold, a Federal High Court sitting in Abuja has ruled that the poll should go and adjourned a suit seeking to stop the election to March 19, 2012.

Presiding judge, Justice Abdul Kafarati also refused to grant an application brought by All Nigerian Peoples Party (ANPP) and its candidate in the poll, Dr. Oboi Patrick Okomiso seeking to stop the election.

Counsel to Dr. Okomiso , Mr. Ajibola Oluyede, sought to move his motion on notice served on the Independent National Electoral Commission (INEC) but failed as the electoral body through its counsel, Mr. Ibrahim Bawa told the court that the plaintiffs only served them the court papers “barely one day ago.” INEC argued that the motion on notice cannot be heard because they needed two clear days to respond.

Justice Kafarati declined to hear the plaintiffs’ motion for an injunctive order to stop the poll despite argument by Mr. Oluyede that the matter is a constitutional one and that it would be wrong to overreach any party before the court.

Mr. Okomiso through his lawyer had filed an application to the court that “apart from the inconvenience to the parties of suddenly shortening the period they had to prepare for the election, the abridgment of time is ultra vires, null and void and would be a ground for nullifying the election, if conducted.”

He prayed for an order of interim injunction restraining INEC from proceeding to conduct the election on the February 25, pending the hearing and determination of the motion on notice filed in these proceedings.