The Court of Appeal in Abuja, on Thursday, nullified the nomination of Aida Ogwuche as the flagbearer of the Peoples Democratic Party (PDP) for the Ado/Okpokwu/Ogbadibo federal constituency of Benue State in the forthcoming general elections.
Delivering its judgment, a three-member panel of the appellate court led by Bature Gafai declared Francis Agbo as the validly nominated candidate of the PDP for the 25 February federal constituency poll in Benue.
Nullifying her nomination, Mr Gafai said Ms Ogwuche was still a staff member of the Federal Inland Revenue Services (FIRS) as of the time of her nomination – an action the justice said was in violation of the Nigerian constitution.
Citing Section 66 (I) (f) of the constitution, the Court of Appeal declared Ms Ogwuche’s nomination as “unlawful and invalid.”
“The decision of the lower court recognising the participation and election of the first respondent in the election is illegal and unlawful.”
Consequently, the appellate court ordered INEC to withdraw the certificate of return issued to Ms Ogwuche and re-issue the same to Mr Agbo as the duly elected candidate.
Mr Agbo is the incumbent member representing the Ado/Okpokwu/Ogbadibo federal constituency in the House of Representatives.
Background
Abdul Dogo of The Federal High Court in Makurdi had on 11 November 2022 declared Ms Ogwuche as the duly nominated candidate of the PDP for the forthcoming election.
But dissatisfied, Mr Agbo approached the Court of Appeal in Abuja praying for the disqualification of Ms Ogwuche’s candidacy on the grounds that she did not resign her appointment from the FIRS 30 days before contesting, as stipulated in the 1999 Constitution and the Electoral Act as amended.
The appellant, Mr Agbo, who is the Chairman, House Committee on Narcotics and Drugs, came second in the PDP primary election for the federal constituency of Benue South.
He had argued that his opponent only resigned from FIRS two days after she won the party’s primary election.
According to the aggrieved lawmaker, Ms Ogwuche was also engaged by the Benue government as principal special assistant to the Benue State governor, Samuel Ortom. (Premium Times)
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