The Federal High Court sitting in Makurdi on Monday sacked the gubernatorial candidate of the Social Democratic Party (SDP) in Benue State for the 2019 general elections, Dr. Terwugwe Hwande.

The court also ordered the Independent National Electoral Commission (INEC) to recognize the plaintiff, Mr. Hingah Biem as the party’s flag bearer for the 2019 elections in the state.

Biem had dragged the SDP, INEC and Dr. Hwande before the court to challenge the wrongful and illegal substitution of his name by the party and forwarding same to INEC.

Delivering the judgment, the presiding judge, Justice Mobolaji Olajuwon ordered the party to immediately forward Mr. Biem’s name to INEC. She also ordered the electoral body to issue a certificate of return to the plaintiff.

Justice Olajuwon further ordered Mr. Hwande to immediately stop parading himself as the governorship candidate of SDP in Benue State.

The judge held that the first (SDP) and third (Hwande) defendants contradicted each other when the former averred that Hwande emerged as its governorship candidate on October 1st, 2018 while Hwande claimed the October 1st primaries were inconclusive. 

She explained that the evidence before the court showed that Dr. Hwande was not a member of SDP,was not screened, did not obtain expression of interest and nomination forms of the party before the October 1st 2018 primaries as his affidavit showed that he resigned membership of PDP on October 4th, 2018.

Justice Olajuwon further noted that Hwande’s expression of interest and nomination forms before the court showed that he swore the oath before the Commissioner of Oaths on November 1, 2018 while the primaries were held on October 1.

She said that the reasons given by the SDP leadership to substitute Biem’s name after he won the governorship  primaries were not cogent, advising political parties to abide by their constitutions and always uphold the rule of law .

Olajuwon further maintained that although issues relating to the fielding of candidates for elections rested with political parties as contained in some sections of the Electoral Act, it however could not rob the court’s jurisdiction in determining the case on the grounds that the electoral act also provides in non-ambiguous terms, that all political parties must conduct their activities in line with the provisions of their constitutions especially as it regards the selection of candidates for elections.

She stressed that going by the facts before the court, the SDP grossly violated all the sections of its constitution in arriving at the choice of Mr. Hwande who did not participate in her primaries.

She held that the decision of the SDP to forward Hwande’s name to INEC as its governorship candidate was a violation of article 16 sub-section 1 and 2 of the SDP constitution which the party itself was bound to uphold.

The Judge therefore ordered the SDP and Hwande to pay the sum of ₦100,000 to the plaintiff as cost of litigation.

Reacting to the judgment, Mr. Biem described the ruling as the triumph of the rule of law, adding that the judgment was a  devastating blow to impunity as it has further solidified the belief in the judiciary as an impartial arbiter.