Member representing Ikwuano/Umuahia federal constituency of Abia State, Rep Sam Onuigbo on Friday presented his proof of service of originating summon on Hon. Emeka Atuma, Independent National Electoral Commission INEC and All Progressives Congress APC who are the first to third respondents in a suit challenging his exclusion as duly elected candidate of the third respondent (APC) for Abia Central Senatorial District.
The case is before an Abia State division of Federal High Court sitting in Umuahia, the state capital.
In a suit number FHC/ABJ/UM/CS/113/2022, the Plaintiff wants an order of the court nullifying the unilateral substitution of his name as the validly elected candidate of the 3rd Defendant with Emeka Atuma, whom he said never participated in the primary election of the APC for the Abia Central Senatorial District held on the 28th and 29th day of May 2022.
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The Plaintiff is also praying the court to nullify and set aside the election result submitted to INEC on the 16th day of June 2022, parading the name of Hon Atuma as the candidate of APC, for the Abia Central Senatorial District.
He is equally seeking an order restraining INEC from recognizing Atuma, whose name was sent by the APC to the commission as the candidate of the party for the Abia Central Senatorial District primary election held on the 28th and 29th day of May 2022 as he (Onuigbo) was the validly declared winner of the said primary election.
“An order mandating the APC and INEC to immediately include the name of the Plaintiff as the candidate of the party, having emerged the winner of the Abia Central Senatorial District Primary Elections.
“A declaration that the combined reading of Sections 31, 33 and 84 of the Electoral Act, 2022 Article 7 (iv), (viii), (ix), (xi), Qi), (xiii), Articles 19.6 (ii), 20.3, 20.4 of the APC Constitution and Articles 19, 22(IIKA), 26(k) of the party’s Guidelines for the Nomination of Candidates for the 2023 General Elections, the party cannot validly replace the candidate that emerged from its primary election validly conducted in compliance with the Electoral Act, the Constitution of the APC and the clear provisions of Articles 19, 22(IIA), 26(k) of the party’s Guidelines for the nomination of candidates for the 2023 general elections without the consent in writing of the candidate,” his prayer partly read.
Rep. Onuigbo through his counsel, Barr. Igwe presented before the presiding judge an affidavit of proof of service, indicating that the parties involved in the matter have been served.
The court therefore fixed October 5, 2022 for commencement of hearing.
