The federal high court in Abuja presided over by Justice Binta Nyako has released the last week’s judgement which sacked High Chief Ikechi Emenike as the APC governorship candidate in Abia state and holds that the indirect primary election which produced Emenike was in total disobedience to a letter forwarded by the national leadership of APC to INEC that it will adopt a direct mode of primary in the state.
Other states where APC pointed out that it would adopt the direct mode of primary include, Osun and Benue.
Justice Nyako in her judgement said it was alien how APC notified INEC of its decision to adopt the direct primary mode in the state and abandoned it by according recognition to a candidate, Emenike who emerged from a purported indirect primary, saying such is invalid.
Citing the letter addressed to the Independent National Electoral Commission, INEC and signed by the National Chairman of APC, Sen. Abdullahi Adamu and the Secretary, Iyiola Omisore, for which affidavit was also deposed, Justice Nyako wondered why a purported indirect primary still went ahead.
The letter read in part, “Further to our earlier letter referenced APC/NHDO/19/022/54 and dated 19th May, 2022, we want to inform your commission of the decision of the National Working Committee (NWC) of our party having invoked the powers vested on it by the National Executive Committee (NEC) to adopt DIRECT MODE OF PRIMARIEs for the nomination of candidates of the party into variqus elective offices for the following states: (Abia, Benue and Osun States).
“This is in furtherance to the Party Constitution (as amended) 2022 and Section 84 (4)(6)(c) of the Electoral Act 2022 (as amended) which provides the option of direct primaries in respect of nomination of candidates.
“Above is your information and necesary action, please. While we hope for your favorable cooperation, please accept the assurances of our esteemed regards.”
She therefore held that the direct primary election of May 26—27 which produced Dr. Uche Ogah, a former Minister of State for Mines and Steel Development was the only valid governorship primary election conducted by APC in Abia and monitored by INEC, report of which was endorsed by the Resident Electoral Commissioner in charge of Abia State.
She said, “Flowing from the above, I also hold that Plaintiff (Uche Ogah) having emerged as the 2nd Defendant’s (APC) Governorship candidate from the primaries conducted by the 2nd Defendant and monitored by the 4th Defendant (INEC) as shown in Exhibit INEC 1, the 2nd (APC) Defendant is under obligation to forward the Plaintifiř’s name to the 4th Defendant as its candidate for the 2023 Abia state Governorship election.
“Consequently, I find that the submission of the name of the 1st Defendant (Emenike) by the 2nd Defendant instead of the name of the Plaintiff to the 4th Defendant is wrongful, unlawful, null and void and is hereby set aside.
“It is hereby Ordered as follows:
“1. That by virtue of Section 84(4) of the Electoral Act, 2022 the direct primaries held by the 2nd Defendant/and monitored by the 4th Defendant on 26th May, 2022 was in substantial compliance with the provisions of the Electoral Act and thercfore lawful and valid.
“2. That having conducted direct primaries in line with Section 84 of the Electoral Act and same having been mnonitored by the 4th Delendant, it was no longer open to the 2nd Defendant to conduct any other primary and in particular the purported indirect primaries that produced 1st Defendant as the purposed candidate of the 2nd Defendant for the Abia State 2023 Gubernatorial elections.
“3. The 2nd Defendant shall forthwith forward the name of the Plaintiff to the 4th Defendant as its duly nominated candidate for the 2023 Abia State Governorship elections.
“4. The 4th Defendant shall substitute the name of the 1st Defendant earlier forwarded by the 2nd Defendant with the name of the Plaintiff as the duly nominated candidate of the 2nd Defendant for the Abia State 2023 Governorship elections,” the court held.
