A High Court of the Federal Capital Territory (FCT) has nullified the senatorial primary election of the All Progressives Grand Alliance (APGA) for Anambra South conducted on October 3.
The court, sitting in Apo, on Thursday in a judgement delivered by Justice Valentine Ashi, consequently voided the Senatorial ticket for the seat won by Prince Nicholas Ukachukwu.
Presiding judge, Justice Valentine Ashi held that evidence before the court indicated that the primary election was not only fraught with irregularities, but also conducted without regard to relevant provisions of the 1999 constitution, the Electoral Act 2010, as well as the constitution and electoral guidelines of APGA.
Justice Ashi noted that whereas APGA claimed that Ukachukwu was elected through an electoral college that comprised of three delegates from each of the Wards in the Senatorial District, it however failed to produce the names of the delegates that participated in the exercise.
He also said he was convinced that the election was fraudulent, after the Independent National Electoral Commission (INEC), notified the court that the party refused to furnish it (INEC) with the list of the delegates.
“The question to be asked here is this; if the Defendants were certain that they were using the legitimate list of delegates, why did they have to hide it from INEC officials?
“In totality, the Defendants’ case is so weak that it has only helped to strengthen the Plaintiff’s case”, Justice Ashi held.
“In the final analysis, the primary election the All Progressives Grand Alliance held in Anambra South Senatorial District on October 3 having been improperly conducted, is hereby set-aside.
“Similarly, all the outcome of the said primary election are hereby declared null and void “, the court held.
The court case was instituted by Dr Okey Chidolue, one of the aggrieved aspirants in suit No. CV/3054/2018.
However, the court declined to either compel INEC to recognize the Plaintiff as APGA’s Senatorial candidate. It did not also order the party to conduct a fresh primary election for the senatorial zone.
Dr Chidolue had among other things prayed the court to determine, “Whether having regards to the provisions of sections 223 and 224 of the Constitution of the Federal Republic of Nigeria 1999 (as amended), section 87(4) (c) of the Electoral Act 2010 (as amended), the APGA Constitution 2014 (as amended) and the APGA Electoral Guidelines for Primary Elections 2018, the 3rd of October 2018 Anambra South Senatorial District primary of the 1st Defendant was illegal, null and void.
“Whether having regards to the provisions of sections 223 and 224 of the Constitution of the Federal Republic of Nigeria 1999 (as amended), section 87(4) (c) of the Electoral Act 2010 (as amended), the APGA Constitution 2014 (as amended) and the APGA Electoral Guidelines for Primary Elections 2018, 1st Defendant’s plan and intention to submit