ADC asks court to disqualify Umeh from Anambra Senatorial rerun

An aspirant for Anambra Central senatorial seat, Anayo Nweke, under the platform of African Democratic Congress (ADC), has asked the Federal High Court in Abuja to stop Chief Victor Umeh of the All Progressives Grand Alliance (APGA) from contesting the rerun election.

In a suit filed before the registry of the court dated March 28, 2017, the plaintiff has asked the court to compel the Independent National Electoral Commission (INEC), to call for nominations for the senatorial district from all political parties desirous of contesting for the seat.

Nweke, in the suit marked FHC/ABJ/CS/252/2017, further asked the court for an order of court disqualifying Chief Umeh of APGA from contesting the Anambra Central Senatorial district election for submitting false information.

He further asked for an order of injunction restraining INEC from including the name of Chief Umeh as a candidate in the election if he emerges as a candidate in a fresh nomination called for that purpose

The politician is also seeking a declaration that vacancy exist in the senatorial district following the nullification of the election of the incumbent, Senator Uche Ekwunife, by the Court of Appeal and as such election to fill the vacant seat ought to have taken place within 30 days of the occurrence of the vacancy or within such period as extended by the Court of Appeal which in this case is 90 days.

The suit, which has Chief Umeh, APGA and INEC as defendants, asked the court to declare that having not conducted the election to fill the vacant position of a senator for the vacant senatorial seat within 30 days as stipulated by the constitution or within 90 days extended by the court, the time permitted by law has elapsed to the effect that INEC can no longer conduct the re-run election as if it were a constitution of the general election of March 28, 2015.

It the suit filed by his counsel, Ikechukwu Ezechukwu (SAN), it is the contention of the plaintiff that whether, having registered that the 1st defendant (Umeh) made false statements in the documents he submitted to INEC, to the effect that he participated and won the primary election of APGA (2nd defendant), Umeh is disqualified from contesting the re-run election for the vacant Senatorial seat for Anambra Central Senatorial district.

Whether, having failed to conduct elections into the vacant seat in the Senate of the National Assembly for Anambra Central Senatorial district within the period stipulated by statute, and/or as so extended by the order of court of Appeal, Enugu division on December 7, 2015, INEC can still conduct the said election as if it were a continuation of the election of March 28, 2015.

He is further seeking a declaration that section 87(1) of the Electoral Act 2010 as amended requires the APGA, a political party, I’m seeking to nominate Umeh as its candidate for the Anambra Central Senatorial district election, to hold primaries for aspirants.

The plaintiff also asked the court for a declaration that section 87(2) of the Electoral Act, 2010 (as amended) requires all political parties which adopt the direct primaries procedures to ensure that all aspirants are given equal opportunity of being voted for by members of the party.

A declaration that section 87(4) (c) of the Electoral Act, 2010 (as amended) requires all political parties which adopt the indirect primaries procedure for the nomination and sponsorship of a Senatorial candidate to hold special congresses in the Senatorial district with delegates voting for each of the aspirants and the aspirant with the highest number of votes at the end of voting, declared winner.

A declaration that by sections 76 of the 1999 constitution, and section 25(2) of the Electoral Act, where vacancy occurs for a seat in the National Assembly, election to fill the vacant seat must be conducted within 30 days of the occurrence of such a vacancy.

In a 24- paragraphs affidavit in support of the originating summons, Nweke averred that there were about 13 candidates from the registered political parties who participated in the Anambra Central Senatorial district election on March 28, 2015.

That Umeh submitted documents to INEC were he falsely stated that he was validly nominated by APGA, as a candidate for the Anambra Central Senatorial district election.

That APGA did not comply with the provisions of the Electoral Act, (2010) as amended in the selection and nomination of Umeh as its candidate for the Anambra Central Senatorial district election.

That APGA did not hold primaries, as required by the Electoral Act (2010) as amended, to nominate Umeh as its candidate for the Anambra Central Senatorial district election.

The case is yet to be assigned to any court.