- The court directed that a fresh primary be held within 14 days.
The Abakaliki Division of the Federal High Court on Friday struck out a suit by Governor David Umahi seeking to be recognized as the Ebonyi South Senatorial district candidate of the All Progressive Congress (APC).
The court held that the APC erred in conducting another primary with including the name of the runner-up in the first primary.
Mr. Austin Umahi (the Governor’s younger brother), the winner of the May 28 primary, had withdrawn at the 2nd primary election conducted on June 9, 2022, wherein the Governor was reported to have won unopposed.
This was after the loss of the APC Presidential primary election by Governor Umahi.
Mrs Ann Agom-eze had come second in the APC Senatorial primary election for Ebonyi South Zone in which Governor Umahi’s younger brother, Austin Umahi, came first.
The Independent National Electoral Commission (INEC) frowned at the second primary and omitted Governor Umahi’s name as it never monitored the rerun exercise announcing him as candidate.
The Governor then Umahi went to Federal High Court in Abakaliki seeking order of court for INEC to publish his name as Senatorial candidate for Ebonyi South. Ann Agom-eze applied to be joined in the suit.
But Princess Agom-Eze, on Tuesday, approached the court and urged it not to recognize Governor Umahi’s Senatorial bid.
Umahi’s Counsel argued that the Governor’s name should be recognized by INEC, hence the winner of the Ebonyi South Senatorial primary election which took place at Afikpo North Local Government Area, in the State had withdrawn.
The court, in its ruling disagreed with Mr Umahi’s submissions.
Justice Fatun Riman agreed that INEC was right in rejecting the Governor’s name as candidate of the party.
It held that APC cannot conduct a valid second primary without including the name of Mrs Ann Agom Eze who placed second in the first primary.
The court further urged the party to conduct another primary election within 14 days.
Reacting, Governor Umahi accused Mrs Ann Agom Eze of misleading the judge.
In a statement by his Special Assistant on Strategy, Cooks Oko, the Governor said: “The judge was misled by Ann Agom Eze who lied on oath that she never withdrew from the contest.”
“With these false information and the misleading of the learned judge, the pronouncement of the court was that there should be a rerun election within fourteen days where all the parties should participate.
“Ann Agom Eze and her PDP collaborators are ignorant of the wordings of section 115 of the electoral law they are quoting as the Governor was never a candidate in any two elections as they are oblivious of the difference between a candidate and an aspirant.”