A High Court of the Federal Capital Territory (FCT) in Apo, Abuja has voided the October 3, 2018 primary election held by the All Progressives Grand Alliance (APGA) to choose candidate for Anambra South Senatorial District.
Justice Valentine Ashi, in a judgment on Thursday, held that the primary, which produced Nicholas Ukachukwu as the party’s candidate, was not held in substantial compliance with relevant provisions of the law.
Justice Ashi, who resolved the sole issue, he identified for determination, in favour of the plaintiff, also nullified Ukachukwu’s emergence as the party’s candidate and the certificate of return issued to him.
The judgment was on a suit marked: CV/3054 filed by Dr. Okey Chidolue, who claimed to have won the primary and sought to be pronounced the winner.
Defendants in the suit were APGA, its National Chairman, Victor Ike Oye, Anambra State Chairman, Norbert Obi, Nicholas Ukachukwu and the Independent National Electoral Commission (INEC).
Justice Ashi rejected the notices of preliminary objection filed by some of the defendants, who had queried the competence of the suit and the court’s jurisdiction to hear it.
The judge also held that the plaintiff failed to prove his case against the 5th defendant, INEC.
The judge declined to make any order against INEC and also declined to declare the plaintiff the winner of the primary.
Instead, the judge advised parties to approach INEC and work out ways of overcoming the challenge now created.
The plaintiff had, among others, argued that the primary was marred with illegality and fraudulent conduct.
He claimed, among others, that the delegates duly elected at ward congresses were not the delegates that voted in the primary held at the Ekwulobia Township Stadium on October 3 this year.