The Supreme Court on Friday affirmed Samuel Ifeanyi Onuigbo as the All progressives Congress ( APC) candidate for Abia Central Senatorial District in next month’s general election.
The apex court in a unanimous judgment delivered by Justice Emmanuel Agim dismissed the appeal filed by Emeka Atuma challenging the decision of the lower court for lacking in merit.
The matter, with case No SC/CV/1626/2022, is an appeal filed by the APC, following the ruling of the Court of Appeal, Owerri Division, on October 4, 2022, which declared Samuel Ifeanyi Onuigbo, instead of Emeka Atuma, as the duly nominated candidate from the primary organised by the party on May 28, 2022.
Shortly after Samuel Ifeanyi Onuigbo who represents Ikwuano Umuahia North Umuahia South Federal Constituency at the House of Representatives was returned winner of the primary, Atuma, who did not take part in the primary started laying claims to the senatorial ticket.
Atuma argued that a repeat straw poll was held on June 7, 2022, even as he alleged that the national headquarters of the party canceled the original senatorial primary. He, therefore, approached the party to submit his name to the Independent National Electoral Commission (INEC) as the nominee.
However based on purported moves by some leaders of APC to substitute his name, Onuigbo approached the Federal High Court, claiming, among other reliefs, that by virtue of Sections 29(1) and 84 of the Electoral Act 2022, Atuma did not participate in the processes leading to the conduct of the Abia Central Senatorial primary.
Onuigbo further contended that he defeated Henry Ikoh, who has been appointed a minister of state, by 157 to 152 votes, adding that the APC headquarters officially received result of the primary, which was signed by the Chairman and Secretary of the National Assembly Primary Election Committee.
However, the Supreme Court on Friday dismissed the appeal for lacked of merit and held that respective parties shall bear their cost.