Tension has continued to mount in the Imo State chapter of the All Progressives Congress (APC) over the controversies surrounding the refund of the N3m nomination fees imposed on the local government chairmanship aspirants during the purported local government elections held on September 21, 2024.
Newsmen recalls that the Imo APC under the state chairman, Dr. Macdonald Ebere, had collected N3m each from their chairmanship aspirants as compulsory fees, which sparked controversies in the state and which was subsequently agreed to be refunded to them and the other aspirants in the interest of party harmony, as declared by the state governor.
An APC chairmanship aspirant from Owerri Municipal, Evans Anozie, had approached a high court in Owerri to seek redress, demanding N50m as special, general, and exemplary damages.
In his statement of claims made by his lawyers, led by Professor Francis Dike SAN, the APC Chairmanship aspirant, Anozie, a native of Owerri Nchi Ise, had paid N3m nomination fee which entitled him to contest for the seat, but the contest was shelved by the 2nd defendant, Macdonald Ebere, who insisted that his nominee, the caretaker chairman, should be the sole candidate of the party.
The plaintiff’s lawyers also claimed that the arbitrariness caused much tension and recrimination between the plaintiff and the 2nd defendant, Macdonald Ebere, who swore to deal with the plaintiff.
They claimed that it was agreed that the plaintiff and other aspirants be refunded their deposits in the interest of party harmony, which the state governor had declared publicly in many fora.
By the reason of the said agreement, the plaintiff applied for a refund and was issued a cheque for the N3m drawn on the 1st defendant (Imo APC) account with UBA PLC in favour of the plaintiff and signed, inter alia, by the 2nd defendant and two others.
The plaintiff, according to his lawyers, had presented the cheque on two occasions, the 16th and 18th of October 2024, but the cheque was returned unpaid, and on each occasion, he was assured on inquiry that the account of the 1st defendant was not in red and therefore had sufficient funds before presenting the cheque.
The lawyers maintained that the plaintiff, on each occasion, was shocked that his cheque was returned unpaid for reasons not attributable to the plaintiff but to the defendants, and particularly the 2nd defendant, who was said to have countermanded the cheque, yet nothing was reflected on the cheque for the non-payment.
The plaintiff’s lawyers are claiming that he, as a businessman, has lost time and energy pursuing payment of the N3m owed by the 1st defendant and that the 2nd defendant has given no respite to his claim and has stated that payment would be delayed as long as possible.
The plaintiff will contend at the hearing that the 2nd defendant’s act of impunity in inducing breach of payment attracts exemplary damages, where a person acts with impunity, believing he would pay little or no damages, the court would award exemplary damages.