The Imo State National and State House of Assembly Election Petitions Tribunal issued a ruling on Sunday, which resulted in the removal of Ikenga Ugochinyere, a member of the House of Representatives, on the grounds of his candidacy being considered invalid for the Ideato North/South Federal Constituency election.
The tribunal, in its lead judgment that was delivered by its Chairman, Justice Anthony Akpovi, specifically directed INEC to conduct the supplementary poll within 90 days,
It also noted that the PDP and its candidate should be excluded from the supplementary election.
Relying on the provision of section 84 (5) (c)of the Electoral Act 2022, the tribunal held that PDP’s primary election was invalid.
It held that a valid candidate could not have emerged from an invalid primary election.
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.
Justice Akpovi said, “Failure of the 3rd respondent (PDP) to abide by the sacrosanct provision of the Electoral Act invalidated its sponsorship of the 2nd respondent.”
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.
More so, 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 55 polling units with the parties participating, except the PDP.
Other members of the panel that concurred with the lead judgment were Justices Usman Kudu and Ibrahim Mohammed.
