A Federal High Court sitting in Abuja has upheld the candidacy of the Cross River State Governor, Prof Ben Ayade for the Cross River North Senatorial District in the 2023 general elections.
The court held that he was rightfully nominated to contest the election on the platform of the All Progressives Party (APC).
Delivering a judgment on Wednesday, Justice Nkeonye Evelyn Maha, in the Suit No: FHC/ABJ/CS/1232/2022, instituted by Cecilia Omonya Adams, who had claimed to be the rightful senatorial candidate, said there was enough evidence to show that Ayade was duly nominated by the APC.
Ayade had through his counsel, Chief Mike Ozekhome, SAN, argued that Mrs Cecilia Omonya Adams, who had participated in the May 28 primary election of the APC, but did not participate in the APC primaries of 14th July, 2022, for the Cross River North Senatorial District, has no locus standi to approach the court to challenge the candidacy of Governor Ayade, who was duly nominated by his party during the July 14, 2022 primaries.
The plaintiff had through an originating summons filed on 26th July, 2022, approached the Federal High Court, Abuja, praying amongst other, for “An order directing the INEC to recognise, accept and publish her name as the candidate of the APC for the Cross River North Senatorial District.
She had also asked, in the alternative, for “An order directing the APC to conduct another primaries where only those who had bought forms to contest the primaries of 28th May, 2022, will participate; or that the plaintiff be confirmed and returned as the candidate of the APC for the said election.
Also joined as defendants with Ayade in the suit were the APC, INEC and Martin Orin, who had earlier won the May 28 Senatorial primaries, but had resigned to enable a fresh primaries be conducted by INEC. It was from this fresh primaries that Ayade emerged as the sole contestant and winner on 14th July, 2022.
Justice Maha, while dismissing the suit, agreed with the submissions of Chief Ozekhome that Mrs Adams lacked the locus standi to have instituted the suit against Governor Ayade having not participated in the APC primaries of 14th July, 2022, from which Governor Ayade duly emerged as the APC candidate.
The court held that Mrs Adams failed to establish or prove that Ayade was not properly nominated by his party; or that any of the provisions of the 1999 Constitution, the Electoral Act, INEC Guidelines, or the Constitution of APC, had in any way been breached by the APC or Ayade in his emergence as the APC senatorial candidate.
Justice Maha further declined to accept the argument of the plaintiff that the fresh primaries thus held were re-run elections, rather than by-elections.
The court also held that even on the issue of “place holder” which the plaintiff harped on, the Electoral Act was silent on it as it has no provision pertaining to place holder.
The court equally held that there was ample documentary evidence of the conduct of valid primaries in which Ayade who was the duly nominated candidate of the APC, solely participated and won, without evidence of the plaintiff participating in them. There was equally documentary evidence that the APC duly notified INEC of the primaries conducted on the 14th of July, 2022; and that the requirement of giving notice as contemplated under the Electoral Act is not to notify the plaintiff (Cecilia), but INEC.
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