The Federal High Court in Ebonyi State Southeast Nigeria has dismissed a suit seeking the Independent National Electoral Commission (INEC) to allow Governor David Umahi as the candidature of Ebonyi South Senatorial candidate for 2023 polls.
The court also recognised Mrs Ann Agom-Eze, who came second in the May 28 primary of the APC in the State and ordered INEC to conduct a fresh primary within 14 days for the zone.
The Counsel to Governor Umahi and his elder brother, Barrister Roy Nweze had dragged INEC, to the Federal High Court, compelling the commission to recognise him as the authentic senatorial candidate for the zone.
Mr Austin Umahi a contender had withdrawn at the second primary election conducted on June 9, 2022, wherein the governor was reported to have won unopposed.
Justice Fatun Riman in his judgement noted that Governor Umahi was not an aspirant and cannot participate in the election or pre-election matters of the All Progressives Congress (APC) as regards the Ebonyi South zone, whose primary was held on the 28th day of May 2022.
Riman said that according to section 115 of the Electoral Act 2022, 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.
The Counsel to Mrs Ann Agom-Eze, Mr Nnaemeka Nwonwu, said he is happy over the judgement.
“Yes, the court has ordered APC to conduct a fresh primary to ratify the candidacy of our client, Ann Agom-Eze, who took the second position as Governor’s younger brother has withdrawn”. Nnaemka said.
He informed that Court has given 14 days from today, Friday 22nd July 2022 to conduct a fresh primary for the zone.
Dominica Nwabufo
