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From Godwin Tsa, Abuja
The Abuja division of the Federal High Court has fixed November 11 for judgment in a suit filed by a former Minister of Solid Mineral, Dr. Uche Sampson Ogah, seeking the nullification of Ikechi Emenike as the Governorship candidate of the All Progressives Congress(APC) in Abia State.
Meanwhile, the APC and its National Chairman, Senator Abdullahi Adamu have disowned the primary election that purpotedly produced, Ogah as their governorship candidate in the Abia state.
On the contrary, the party and Adamu claimed that the National Working Committee (NWC) conducted a primary election monitored by officials of the Independent National Electoral Commission, INEC, which produced one High Chief Ikechi Emenike as the official governorship flag bearer.
The party and Adamu through their lead counsel, Prof. Sam Eruogo, a Senior Advocate of Nigeria (SAN) asked the Federal High Court to dismiss Ogah’s suit on the that the ex- Minister, having not participated in the primary election conducted by the APC NWC has no locus standi to challenge the legally conducted primary election.
Eruogo further challenged the jurisdiction of the court to adjudicate on issues of nomination of candidates by a political party, which he argued are internal affairs of political parties.
While presenting the defence of APC and Adamu in Ogah’s suit, Prof. Eruogo informed the court that the primary election been laid claim on by the former Minister was unknown to law because it was conducted by a faction of the Abia State chapter of the APC.
He cited several Supreme Court authorities to the effect that only the NWC of a political party has the power to conduct primary election for the purpose of selecting candidates for elective office.
The APC and Adamu further told the court that the claim of Ogah that he emerged from a direct primary election cannot hold because the Electoral Act 2022 makes it mandatory for a direct primary election to be conducted in 184 wards of the state as against that of Uche conducted in one place.
Prof. Eruogo therefore asked the court to dismiss the former Minister’s suit.
In his submissions, counsel to Emenike, Prince Lateef Fagbemi SAN, prayed the court to uphold the nomination of his client on the ground that he emerged from a primary election lawfully conducted by the APC NWC.
Fgbemi SAN, faulted the purpoted nomination of the former Minister on the ground that no state chapter of any political party has power to conduct primary election for selection of candidates.
The former Minister had sued Ikechi Emenike, APC, Abdulahi Adamu and INEC, praying the court to compel APC to submit his name to INEC as the lawful candidate.
The former Minister through his lawyer, Solomon Umoh SAN told the court that the direct primary election that produced him was monitored by officials of INEC and that a report to that effect was made available by the electoral body.
He urged the court to nullify the nomination of Ikechi Emenike and order INEC to publish his name as the lawful APC candidate.
After taking arguments from parties, Justice Binta Nyako fixed November 11, for Judgment
in the suit.
