A Federal High Court in Abuja has voided the nomination of a House of Representatives member, Chris Azubogu as the senatorial candidate of the All Progressives Grand Alliance (APGA) for Anambra South Senatorial District.
Azubogu represents Nnewi North/ Nnewi South/ Ekwusigo Federal Constituency on the platform of the PDP.
Justice Inyang Ekwo, in a judgment on Thursday, held that Azubogu was still a member of the People’s Democratic Party (PDP) when, in June this year, he participated in the primary election held by APGA for Anambra South Senatorial District.
Justice Ekwo ordered that Ben Nwankwo’s name be submitted to the Independent National Electoral Commission (INEC) as the lawful candidate of APGA for the senatorial district.
He restrained Azubogu from further parading himself as APGA’s candidate for the senatorial district.
The judgment was on the suit marked: FHC/ABJ/CS/909/2022 filed by Nwankwo, who argued among others, that Azubogu was unlawful nominated.
Justice Ekwo held that Azubogu violated the provisions of sections 65 and 68 of the Constitution.
The judge upheld the plaintiff’s contention that Azubogu ought to have resign, defect or cross carpet from PDP to APGA before he could lawfully qualify to participate in the primary of another political party.
Justice Ekwo held that Azubogu ought to have relinquished the seat if he had actually resigned his membership, defected from PDP to APGA or another political party .
He further held that without complying with mandatory provisions of Sections 65 and 68 of the 1999 Constitution and Article 27 of the APGA guidelines for primary election for 2022, there was no way Azubogu could have lawfully participated in any primary election of any party other than that of the PDP.
Justice Ekwo found that as of June 1, 2022 when APGA conducted its primary election Azubogu was not qualified to participate.
He held that any action taken in contravention or breach of the 1999 Constitution is unconstitutional, null and void, adding that Azubogu, having not been a member of APGA at the time he purportedly stood for the primary election of the party cannot be lawfully nominated by APGA.
In another judgment on Thursday, Justice Ekwo reversed the unlawful substitution of Chukwuma Amadi as the candidate of the Labour Party (LP) for Enugu West Senatorial District.
The judge held that Amadi remains the candidate of the party unless he either withdraws his candidacy or in the event of death.
The judgment was on the suit marked: FHC/ABJ/CS/1194/2022 filed by Amadi to challenge his purported substitution by the LP.
Justice Ekwo ordered the removal of Uchenna Ekwe, who was unlawfully nominated by the party in the place of Amadi.
Justice Ekwo invoked sections 29, 31,32, 33 and 34 of the Electoral Act to nullify the substitution of the plaintiff.
The judge held that by the provisions of Section 33 of the Electoral Act, 2022, political parties are not allowed to change or substitute their candidates, whose names have been submitted to the Independent National Electoral Commission ( INEC) under Section 29 of the Act, except in the case of death or withdrawal by the candidate.
