The Supreme Court of Nigeria has affirmed Dave Umahi as the Candidate of the All Progressives Congress (APC) for the Ebonyi South Senatorial District in the February 25, 2023 Elections.
The Appeals marked SC/CV/1317/2022 and SC/CV/1318/2022 were filed by Princess Ann Nwanyibuife Agom-Eze challenging the nomination of David Nweze Umahi as the Senatorial Candidate of the Party. Umahi, the Independent National Electoral Commission (INEC) and APC were among the respondents.
On July 22, Justice Fatun Odohi Riman of the Federal High Court in Abakaliki dismissed a suit filed by Umahi compelling INEC to publish his name as APC Senatorial Candidate. Agom-Eze who participated in the May exercise filed a counter-affidavit past the 14 days since she was not joined in the suit.
The court subsequently ordered that a fresh primary election be conducted within two weeks. The APC conducted a fresh primary election on July 31, and Umahi was declared the winner.
Dissatisfied with the judgement, Agom-Eze approached the Appeal Court. The penultimate Court set aside the judgement of the trial Court and affirmed the June 9 election which produced Umahi.
The Appellate Court averred that the High Court was wrong when it upheld Ann’s Counter-affidavit and failed to uphold the primary election of 9th June 2022, whereat Governor Umahi was nominated as the APC Senatorial candidate, as the nomination was never challenged by anybody within 14 days as prescribed by section 285(9) of the 1999 Constitution.
The court in Abuja proceeded to grant all the reliefs sought by Governor Umahi and the APC in the trial court.
Justice Kudirat Motonmori Olatokunbo Kekere-Ekun JSC reading the lead judgement for the apex Court, upheld the decisions of the Appeal Court.
