Imo State National and State House of Assembly Election Petitions Tribunal has sacked the Peoples Democratic Party, PDP, lawmaker, Ikenga Ugochinyere.
The three-member panel of the tribunal which conducted its proceedings in Nasarawa State, held that the House of Representatives member was not validly nominated by the PDP to contest the Ideato North/South Federal Constituency election that was held on February 25.
The tribunal ordered the Independent National Electoral Commission, INEC, to conduct a supplementary election in the constituency within 90 days.
The tribunal in a judgment delivered by Justice Anthony Olotu Akpovi directed the electoral body to conduct the supplementary poll in 55 polling units where elections were not held on February 25.
It also held that the PDP and its candidate should be excluded from the supplementary election.
The judgement followed a petition that was lodged before the tribunal by the candidate of the All Progressives Congress, APC, Abazu Chika Benson.
Cited as 1st to 5th respondents in the petition marked: EPT/IM/HR/10/2023, were INEC, Ugochinyere, PDP, candidate of the Labour Party, Obi Paschal Chigozie and his party, the LP.
Credible News recalls that INEC had declared the PDP candidate Ugochinyere as winner of the election with a total of 13,026 votes.
Whereas the candidate of the LP, Obi Paschal Chigozie came second with 5,696 votes, while the petitioner who was sponsored by the APC, came third with a total of 2,368 votes.
The APC candidate filed a petition claiming that Ugochinyere was not qualified to participate in the House of Reps contest.
The petitioner, among other things argued that all the votes that were credited to the PDP candidate amounted to wasted votes.
He told the tribunal that contrary to the express provision of the Electoral Act, the PDP conducted its primary election in a venue that was outside the constituency.
In its judgement, the tribunal stressed that documentary and oral evidence that was laid before it established that the primary election the PDP conducted on May 25, 2022, which produced Ugochinyere as its candidate was held at Aladinma Shopping Mall, a location that was outside Ideato North/South Federal Constituency.
Relying on the provision of Section 84 (5) (c)of the Electoral Act 2022, the tribunal held that PDP’s primary election was invalid and that a valid candidate could not have emerged from an invalid primary election.
“Failure of the 3rd respondent, PDP, to abide by the sacrosanct provision of the Electoral Act invalidated its sponsorship of the 2nd respondent”, Justice Akpovi held.
The tribunal maintained that for a primary election to be valid, it must be done in compliance with section 29 (1) of the Electoral Act.
It held that in view of the fact that Ugochinyere was not validly nominated, he was therefore, not qualified at the time the House of Reps election was held.
The tribunal held that owing to the principle of margin of lead, the candidate of the LP, Chigozie could but be declared the winner of the seat, since INEC admitted that it could not hold the election in 55 polling units in the constituency, owing to activities of unknown gunmen.
It therefore, directed INEC to conduct supplementary polls in the remaining polling units with the parties participating, except the PDP.
Other members of the panel that concurred with the lead judgement were; Justices Usman Kudu and Ibrahim Mohammed.