Don't Accept APC Candidate for Okigwe South Federal Constituency, Court Tells INEC
Justice Bello Kawu of an Abuja High Court has barred
the Independent National Electoral Commission (INEC) from accepting the
candidate of the All Progressives Congress (APC) for the Ehime/Mbano/Ihitte
Uboma federal constituency (Okigwe South) of Imo State in the rescheduled
February 23 National Assembly election.
Justice Kawu gave the restraining order after he nullified
the APC primary election conducted for the constituency.
The court decision followed a legal action instituted by one
Mrs. Uzoma Mary-Ann against the APC and two others, asking the court not to
recognise the candidate from the APC for Okigwe South federal constituency
seat.
The court, in its judgment delivered on February 12 and cited by the media on Wednesday, held that the
APC did not conduct primary for the House of Representatives seat for Okigwe
South federal constituency, and therefore should not be allowed to field any
candidate in the 2019 ballot for the position.
Justice Kawu consequently ordered INEC to expunge the name of
the candidate representing the APC in
Ehime Mbano/ Obowo/Ihitte Uboma federal constituency (Okigwe South) of Imo
State in the rescheduled National Assembly election of February 23, 2019.
He said having considered the case of the plaintiff and all
authorities cited by the learned counsel, he was of the strong view that the
question that called for determination by the court was whether proper
procedure was followed for selection or nomination of the second defendant as a
candidate of the first defendant for Okigwe South federal constituency.
The court noted that notwithstanding the provision of the Act
or rules of political party, “an aspirant who complains that any of the provisions
of the Act and the guideline of a political party has not been complied with in
the selection or nomination of a candidate for election, may apply to the
Federal High Court or the High Court of a state for redress."
Justice Kawu added that the APC guidelines
stipulated the electoral process that should be adopted for the primaries,
which he said was not complied with by the party during the primary election
for Okigwe South federal constituency.
The judge, who noted that the defendants did not
show any appearance nor were they represented by counsel, frowned that the
defendants did not deem it fit to file a counter affidavit, a development he
said was admission to the averments.
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