A Federal High Court in Abuja has declared Ben Nwankwo as the rightful candidate of All Progressive Grand Alliance ,APGA , for Anambra South Senatorial District in next month general elections.
The court disqualified a House of Representatives member, Chris Azubogu, as the senatorial candidate of the All Progressives Grand Alliance (APGA) for Anambra South Senatorial District in the 2023 general elections.
Nwankwo obtained the ticket following a suit he filed against Azubogu, APGA and Independent National Electoral Commission before the court .He filed the suit after Azubogu a sitting PDP House of Representatives member , in June last year stood for the primary election under APGA for Anambra South Senatorial District.
Justice Inyang Ekwo of the Federal High Court in a judgment held that Azubogu was not qualified to contest the primary election haven not resigned his position as the Peoples Democratic Party, PDP, House of Representatives member at National Assembly.
Consequence upon the judgment the Court made an order to the effect that “the plaintiff who scored 113 votes at the said 2nd Defendants primary election held on 1st June 2022 which was the majority of lawful votes cast thereat is deemed to be returned as the winner of the primary election”.
The court also issued an order restraining 3rd defendant,(INEC) it’s officers ,agents or howsoever described from accepting ,holding out, representing, publishing and acting on the name of the 1st Defendant as the 2nd defendants candidate for election into the office of member representing Anambra South Senatorial District of Anambra State.
Ekwo agreed with the plaintiff that the 1st defendant (Azubogu) ought to have resigned, defected or cross carpeted from PDP to APGA before he can lawfully qualify to stand for primary election on the platform of another party.
As a serving member of the House of Representatives, representing Nnewi North/Nnewi South/ Ekwusigo Federal Constituency under the PDP ticket, Ekwo held that Azubogu ought to have relinquished the seat if he had actually resigned his membership, defected from PDP to APGA or another political party.
The court held that without complying with mandatory provisions of Sections 65 and 68 of the 1999 Constitution, and Article 27 of APGA guidelines for primary election for 2022, there was no way the federal lawmaker can lawfully participate in any primary election other than that of the PDP.
Justice Ekwo held that as at June 1, 2022, when APGA conducted its primary election for the nomination of a candidate for Anambra South Senatorial District, Azubogu, who is 1st defendant in the suit, was not qualified to participate.
It added that any action taken in contravention or breach of the 1999 Constitution is unconstitutional, null and void, adding that Azubogu, having not been a member of APGA at the time he purportedly stood for the primary election of the party, cannot be lawfully nominated by APGA.
The court consequently nullified his purported nomination, and submission of his name to the Independent National Electoral commission (INEC) as candidate of APGA for the 2023 senatorial election.
Dissatisfied with the decision, Azubogu had lodged an appeal at the Court of Appeal Abuja Division .
The appeal which was slated for judgment on Monday was moved to a date to be communicated to the parties thus giving room for more confusion within the party and in the constituency as some are alleged to be bragging .
A party to the appeal is to be ” bragging that he must win at appeal court, the presiding judge wants the right thing to be done but the other two wants money from the sitting member, who has being collecting money from his kingsmen in Nnewi town.
“He just sold his property in Udoka housing estate Awka last Friday to one business mogul who is from Awgbu in Orumba North local govt Area of Anambra state, the man who bought the property is based in lagos”. they alleged.