The Court of Appeal In Abuja on Monday ordered the Independent National Electoral Commission (INEC), to conduct a rerun election for Anambra Central Senatorial District within the next 90 days.
The appellate court also held that the Peoples Democratic Party (PDP), whose candidate, former Senator Uche Ekwunife, defected to the All Progressives Congress (APC) could not be replaced by the PDP with a fresh candidate for the rerun.
The All Progressives Grand Alliance (APGA) and its candidate, Chief Victor Umeh, had filed the appeal against the February 29, 2017, judgment of the Federal High Court in Abuja, where Justice Anwuli Chikere ordered the inclusion of PDP and its candidate, Senator Uche Ekwunife in the scheduled Anambra Central Senatorial rerun poll.
The Daily Times recalls that the Anambra Central Senatorial seat at upper chamber of the National Assembly has been vacant following the nullification of Senator Ekwunife’s election.
But the Court of Appeal in Enugu had in July 2015 voided Ekwunife’s election for not being “the product of a valid primary and was therefore not duly and legitimately nominated.”
Delivering judgement in the appeal on Monday, the three-member panel of the appellate court headed by Justice of the Court of Appeal (JCA), Justice Tinuade Akomolafe Wilson, also dismissed PDP’s preliminary objections on the issue of the appellants’ locus standi and the court’s jurisdiction to entertain the suit.
Justice Akomolafe held that the appellants’s suit was not academic as there were live issues in the appeal.
In determining the main crux of the appeal, the appellate court held that: “The rationale therefore, is correct as submitted by the appellants that the principle of guiding who can participate in a court ordered rerun election following the nullification of general election has been established in Labour Party Vs. INEC, and it remains the law.
“Where a court nullifies an election and orders a fresh election, a political party which participated in the annulled election at whose instance the election was nullified cannot field a new candidate to contest in the fresh election. This because the fresh election does not entail an entirely new process; rather it takes the place of the annulled election, because the period of nomination of candidates has lasped.”
Furthermore, Justice Akomolafe held that it was not the case of the PDP at the trial court that it be allowed to substitute a candidate for Ekwunife who had defected from the PDP, but for the “erroneous notion that the court-ordered election scheduled by INEC for March 5, 2016, entailed an entirely new process whereby it is entitled to conduct fresh primaries and nominate a new candidate.”
The JCA said it was unfortunate that the trial judge fell into a grave error by predicating her judgment on the ground that Ekwunife defected from the PDP.
The JCA said, “On the whole, having resolved the main issue in this appeal in favour of the appellant, this appeal is meritorious and it is allowed. The decision of the trial Federal High Court delivered on February 29, 2016, is hereby set aside. Independent National Electoral Commission (INEC) is ordered to conduct a fresh election in Anambra Senatorial District within 90 days from today with the participation of the appellants (Chief Victor Umeh and APGA).
“The 1st, 3rd, 4th and 5th respondents shall pay the sum of N50, 000 each to the appellants.”
Andrew Orolua, Abuja.
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