The latest development for the race for Okigwe South Federal Constituency has it that the High Court in the Federal Capital Territory (FCT), Abuja has ordered the Independent National Electoral Commission, INEC to expunge the name of candidate representing the All Progressives Congress in Ehime Mbano/Obowo/Ihitte Uboma Federal Constituency (Okigwe South) of Imo State in the rescheduled February 23, 2019 National Assembly election.
The presiding judge, Justice Bello Kawu, gave the order on February 12, 2019 while ruling on a suit brought before the court by Mrs. Uzoma Chioma Mary Ann against the APC and two others, asking it to declare as Unconstitutional, illegal, null and void the primary election Conducted for the federal constituency; and not to recognize the candidate from APC for Okigwe South Federal Constituency seat.
Delivering his judgment, Justice Kawu said APC did not conduct primary for the House of Representative seat for Okigwe South Federal Constituency and therefore should not be allowed to field candidate in the 2019 ballot for the office.
He said having considered the case of the plaintiff and all authorities cited by the learned counsel, he was of the strong view that the question that calls for determination by the honourable court was whether proper procedure was followed for selection or nomination of the second defendant as a candidate of the first defendant for Okigwe South Federal Constituency.
The court which cited relevant sections of the Electoral Act 2010(as amended) and the APC constitution, said notwithstanding the provision of the Act or rules of political party, “an aspirant who complains that any of the provisions of the Act and the guideline of a political party has not been complied with the selection or nomination of a political party for election, may apply to the Federal High Court as or the High Court of a state for redress”.
Justice Kawu added that the APC guidelines stipulated the electoral process that should be adopted for the primaries, which he said was not complied with by the party during the primary election for Okigwe South Federal Constituency.
He quoted Justice Onnneghen in Mato vs Hember and two others (2017) that “it is trite that where a statute provides for means of doing a thing, no other means or manners shall be remitted. Both the Electoral Act and the constitution of the first defendant make it mandatory that primaries be conducted in the headquarters of the constituency. The failure to comply with this provision makes the entire exercise null and void”.
The judge who noted that the defendants did not show any appearance nor were they represented by counsel, frowned that the defendants did not deem it fit to file a counter affidavit, a development he said was admission to the averments.
In conclusion, the court reportedly said it was his answer to the question raised that the APC has not complied with its constitution, the Electoral Act 2010 and the guideline for nomination of candidate for Okigwe South Federal Constituency in Imo State.
“It is therefore my declaration that the final report of the Electoral Appeal Panel which recommended the nomination and submission of the 2nd defendant’s name as the House of Representatives Candidate of the 1st defendant for Okigwe South Federal Constituency of Imo State is inappropriate, unlawful, null and void for failure to comply with the 1st defendant’s guideline for nomination of candidate.
The court thereby restrained INEC from further recognizing, accepting or listing the name of the 2nd defendant as the candidate of APC in the 2019 ballot paper for Okigwe South Federal Constituency because the APC did not conduct primary election for the office.
Meanwhile, in a separate state statements by Barr Greg Ihejirika, Director of Strategy and Strategic Communications, Chief Ossy Ogueri, Director of Media and Social Engagements and Mr Obinwanne, Director of Contacts and Mobilization for Emeka Nwajiuba’s campaign organization described the earlier news in some Owerri and national tabloids as mischievous since the court judgment does not in any way concern Nwajiuba who had long left APC and flagbearer of Accord Party.
In a related development, a twist is being experienced in the battle for who is the authentic candidate of APC for Owerri Federal Constituency as a Federal High Court in Owerri has sacked Barr Obinna Mbata and asked that Barr Tony Umezuruike be used as a replacement.
This is the latest from the Federal High Court 2, Owerri before Justice C.J Ringim, it was ruled that Tony Umezuruike is the candidate having won the legitimate highest number of votes shown by evidence during the primaries against the name of the person earlier submitted.
The court presided by Ringim ruled that based on the evidences provided before it, Umezuruike is the candidate for APC Owerri Federal Constituency against Mbata who has been parading himself.
