On Friday, the Abakaliki Division of the Federal High Court overturned a lawsuit by Governor David Umahi seeking recognition as a candidate from the Ebonyi South Senatorial District of the All Progressive Congress (APC).
The court held that APC was wrong to hold 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.
The governor, through his attorney, Roy Umahi, sued the Independent National Electoral Commission (INEC) and asked the court to compel the commission to recognize the governor as the bona fide candidate for the Ebonyi South Senate District.
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.
Mr. Umahi’s lawyer argued that the INEC should recognize the governor as a candidate for senator after the initial winner withdrew and another primary election was held.
Austin Umahi (the governor’s younger brother), was the winner of the May 28 primary. When the first primary was held, the governor was still seeking to be the APC presidential candidate.
After losing the APC presidential ticket, the governor returned to Ebonyi. His brother dropped out of the race and the second primary election was held on June 9, and the governor reportedly won unopposed.
When INEC published the names of the senatorial candidates in the state, it left the Ebonyi South Senatorial District vacant.
On Friday, the court did not agree with the governor’s proposals.
Judge Fatun Riman ruled that the INEC was correct in rejecting the governor’s name as the party’s candidate.
It held that APC cannot hold a valid second primary without including the name of Ms. Agom-Eze, who came second in the first primary.
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The court also urged the party to hold another primary election within 14 days.
In reaction, Governor Umahi accused Mrs. Agom-Eze of misleading the judge.
He made the accusation in a statement from his Special Assistant for Strategy, Chuks Oko.
“The judge was misled by Ann Agom Eze, who lied under oath that she never withdrew from the contest.”
“With this false information and the deception of the wise judge, the court pronounced that there should be a new election within fourteen days where all parties should participate.
“Ann Agom Eze and her collaborators in the PDP ignore the wording of section 115 of the electoral law that they cite, since the governor was never a candidate in either of the two elections, since they ignore the difference between a candidate and an aspirant.”
INEC has not yet reacted to the ruling at the time of this report.