Two separate courts on Thursday barred two candidates of the ruling All Progressives Congress (APC) from contesting in Saturday’s polls.
While Justice C. J. Ringim of Federal High Court 2, Owerri stopped Obinna Mbata from running for the Owerri Federal Constituency, Justice Bello Kawu of the Federal Capital Territory High Court barred Deacon Chike Okafor from contesting for Okigwe South Federal Constituency.
Justice Kawu handed down the order on Okafor following a suit filed by Mrs. Uzoma Chioma Maryann against the APC and two other persons, which urged the Court to declare the primary election conducted for the federal constituency as unconstitutional, illegal, null, void and of no effect.
Delivering his judgment, Justice Kawu held that the APC did not conduct any primary election for the House of Representative seat for Okigwe South constituency and should therefore not be allowed to field a candidate for the office.
He held that having considered the case of the plaintiff and all authorities cited by the learned counsel, the Court was of the strong view that the question that calls for determination by the Court was whether proper procedures were followed for selection or nomination of the second defendant (Okafor) as a candidate of the first defendant (APC) for Okigwe South Federal Constituency.
While noting that the defendants did not appear in court nor were they represented by counsel, Kawu frowned that the defendants did not deem it fit to file a counter affidavit, a development he said was an admission to the averments.
“It is therefore my declaration that the final report of the Electoral Appeal Panel which recommended the nomination and submission of the second defendant’s name as the House of Representatives candidate of the first defendant for Okigwe South Federal Constituency of Imo State is inappropriate, unlawful, null and void for failure to comply with the first defendant’s guidelines for nomination of candidates,” Kawu held.
The Court therefore restrained the Independent National Electoral Commission (INEC) from further recognizing, accepting or listing the name of the second defendant as the candidate of APC in the 2019 ballot paper for Okigwe South Federal Constituency.
On the other hand, the Federal High Court sitting in Owerri sacked Mbata and ordered that Tony Umezuruike be fielded as a replacement for the Owerri Federal Constituency seat.
In his ruling, Justice Ringim held that Umezuruike remains the candidate, having won the legitimate highest number of votes as shown by evidence during the primaries against the name of the person earlier submitted.
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