Our Reporter

The Federal High Court, Abuja, on Friday ordered the sack of the Kogi State House of Assembly member representing Ibaji Constituency of Kogi, Atule Egbunu, on the grounds of unlawful nomination by his party, the All Progressives Congress (APC).

Justice Inyang Ekwo ruled that Daniel Enefola of the Peoples Democratic Party (PDP) should take Egbunu’s seat.

Enefola polled 4, 564 votes in the December 5, 2020 State House of Assembly by-election as against the 8,515 votes declared for Egbunu by the Independent national Electoral Commission (INEC).

Joseph Enemona who had contested the APC ticket with Egbunu instituted the suit against the party and four others.

Enemona challenged the legality of the September 3, 2020 primary election conducted by his party.

He averred that his party unlawfully excluded six other aspirants from the primary election and also did not allow delegates to vote during the exercise.

The plaintiff also said that while the law stipulated that the primary election be conducted at the party secretariat in Onyedega, APC officials allegedly conducted the purported primary election in a mall.

He further contended that the Independent National Electoral Commission (INEC) was not given 21 days’ notice before the purported primary election and as required by Section 85 of Electoral Act, 2010.

The plaintiff argued that while the APC guidelines stipulated direct primary election, the APC officials manipulated the guidelines and purportedly used indirect system to pick Egbunu.

Read Also: JUST IN: Court reinstates Edo council boss

He demanded that the nomination of Egbunu be voided and another primary election be conducted.

Justice Ekwo, after reviewing submissions by parties in the matter, agreed that the APC did not conduct a primary election known to law.

The judge held that while seven aspirants were to participate in the primary election, the party unlawfully maneuvered the system and made the participation for a single candidate.

He also held that the APC violated the law by conducting the purported primary election outside the party secretariat as required by law.

Ekwo also faulted the purported substitution done between Matthew Oguche and Atule Egbunu on the grounds that Oguche was not one of the legitimate aspirants during the election.

The judge, therefore, declared the APC primary election illegal, unlawful and unconstitutional and subsequently set it aside.

Justice Ekwo said that since the time for primary and nomination had lapsed, the candidate who came second in the December 5, 2020 by-election should be inaugurated as the lawmaker for Ibaji Constituency.