By Ukah Dave
A Federal High Court sitting in Abakaliki, the Ebonyi State capital has struck out a suite by Governor David Umahi seeking to be recognized as the Ebonyi South Senatorial District candidate of the All Progressive Congress (APC).
The court held that the APC erred in conducting another primary without including the name of the runner-up in the first primary after the winner of the first primary withdrew from the race.
Governor Umahi through his Counsel, Roy Nweze Umahi, had dragged the Independent National Electoral Commission, to the Federal High Court in Abakaliki, to compel the commission to publish his name as senatorial candidate for Ebonyi South.
But Princess Agom-Eze, who came second in the first primary, on Tuesday, approached the court and urged it not to recognize Governor Umahi as the APC candidate.
Umahi's Counsel argued that the governor’s name should be recognised by INEC, hence the 1st winner of the Ebonyi South Senatorial primary election which took place at Afikpo North Local Government Area, in the state Mr. Austin Umahi (the governor's younger brother), a contender, had withdrawn at the 2nd primary election conducted on June 9, 2022, wherein the governor was reported to have won unopposed.
Austin Umahi withdrew from the election and relinquished the ticket to Engr David Umahi. INEC frowned at it and omitted Engr David Umahi's name as it never monitored the rerun exercise announcing Umahi candidate.
Delivering the judgement, Justice Fatun Riman, cited section 115 of the Electoral Act 2022, saying the governor was not an aspirant and cannot participate in the election or pre-election matters of the All Progresives Congress as regards the Ebonyi South zone, whose primary held on the 28th day of May, 2022.
According to the above section of the new Electoral Act, the governor neither procured forms for nor participated in the election and cannot claim any right based on the primary election.
Justice Fatun Riman ruled that INEC was right in rejecting the governor’s name as candidate of the party.
It held that APC cannot conduct a valid second primary without including the name of Mrs Agom-Eze who placed second in the first primary.
The court further urged the party to conduct another primary election within 14 days.
Reacting, the Counsel to Mrs Agom-Eze, Barr Nwonu Nnaemeka, said his team' argument was its client, upon the withdrawal of Austin Umahi from the primary, she should claim all her rights in law as regards the exercise, being the second runner-up.
Reacting to the judgement, Governor Umahi accused Mrs Agom-Eze of misleading the judge.
He made the accusation in a statement by his Special Assistant on Strategy, Chuks Oko.
“The judge was misled by Ann Agom Eze who lied on oath that she never withdrew from the contest”.
“With this false information and the misleading of the learned judge, the pronouncement of the court was that there should be a rerun election within fourteen days where all the parties should participate.
“Ann Agom Eze and her PDP collaborators are ignorant of the wordings of section 115 of the electoral law they are quoting as the governor was never a candidate in any two elections as they are oblivious of the difference between a candidate and an aspirant.”
Post a Comment