A Federal High Court, Abuja, on Monday, voided the participation of the All Progressives Congress (APC) and its candidate, Andy Uba, in the Nov. 6 Anambra governorship election.
This was contained in a judgement delivered by Justice Inyang Ekwo who held that the June 26 primary of the party which produced Uba as its standard-bearer was not validly conducted.
Ripples Nigeria had reported that Chief George Moghalu, an aspirant in the APC primary election had challenged the process and the outcome of the primary election that produced Uba as the party’s candidate.
Moghalu, who was the plaintiff, had sued the party, Independent National Electoral Commission (INEC), and Uba as 1st to 3rd defendants respectively.
Delivering the judgment, Justice Ekwo aligned with the plaintiff’s arguments that the June 26 primary election breached the provisions of the Electoral Act and the APC guidelines for the conduct of the exercise.
He held that the plaintiff had successfully demonstrated that the primary election was not conducted in accordance with the law and the party’s guidelines.
“Therefore, the case of the plaintiff succeeds on its merit,” he said.
The Judge further noted that the APC (1st defendant) cannot be a beneficiary of the Nov. 6 election which produced the All Progressive Grand Alliance (APGA) candidate, Prof. Charles Soludo, as the winner of the poll outcome.
The judge, therefore, declared that the APC had no candidate in the Anambra governorship election by non-inclusion of the name of Moghalu in the primary election, and the conduct of the poll in contravention of the Electoral Act and the party’s guidelines.
“The 2nd defendant (INEC) is compelled to delist the name of the 1st defendant and 3rd defendant from the Nov. 6, Anambra governorship election,” he ordered.
According to the judge, any election conducted contrary to the 1st defendant guideline is in nullity.
“The real issue was not whether accredited members of 1st defendant voted on that day but whether the election was conducted in accordance with the election guidelines of 1st defendant,” he held.
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