Appeal Court Takes Tough Decision Against PDP House of Representatives Candidate
PAY ATTENTION: How media literate are you? Click to take a quiz – bust fake news with Legit.ng!
A Court of Appeal sitting in Abuja on Thursday, January 12, declared as "null" and "void", the nomination of Aida-Nath Ogwuche as the Peoples Democratic Party's House of Representatives candidate for Ado/Okpokwu/Ogbadibo Federal Constituency of Benue state.
In a judgement delivered unanimously by a 3-man panel, the appellate court declared Francis Agbo as the rightful candidate of the party in the constituency.
Source: Facebook
The appellate court held that Ogwuche, who was declared winner of the PDP primaries by the Independent National Electoral Commission, (INEC) was still a staff of the Federal Inland Revenue Services (FIRS) as of the time of the party's primary.
Agbo, who is the current member representing the Federal Constituency and the chairman of the House Committee on Narcotics and Drug, came second in the primary election conducted by the PDP in May 2022.
PAY ATTENTION: Subscribe to Digital Talk newsletter to receive must-know business stories and succeed BIG!
In its judgement, the court ordered INEC to immediately withdraw the certificate of return which had been earlier issued to Ogwuche and re-issue same to Agbo as the validly nominated candidate of the party for the Federal seat.
Reeling out the judgment, Justice B.I Gafai said that Ogwuche ought to have resigned her employment from the service before contesting in the primary election of the PDP.
Gafai's words:
"The decision of the lower court recognising the participation and election of the first respondent in the election is illegal and unlawful."
The panel relied on Section 66 (I) (f) of the 1999 Constitution to declare Ogwuche's election as unlawful and invalid.
The Federal High Court sitting in Makurdi had on November 11, 2022, declared Ogwuche as the duly elected candidate of the PDP for the Ado/Okpokwu/Ogbadibo Federal Constituency.
Agbo had approached the trial court for an order disqualifying Ogwuche's candidacy on the grounds that she did not resign her appointment before contesting the election.
In his suit, Agbo had prayed the court to disqualify Ogwuche on the grounds that she did not resign her employment with the FIRS 30 days before contesting, as stipulated by the 1999 Constitution and the Electoral Act as amended.
The appellant came second in the PDP primaries for the Ado/Okpokwu/ Ogbadibo Federal Constituency of Benue which was held on May 23, 2022, in Okpoga, Benue State.
He argued that his opponent only resigned her engagement with FIRS two days (May 25) after she won the party's primary election.
According to the aggrieved lawmaker, Ogwuche was also engaged by the Benue State Government as the Principal Special Assistant to the Governor till after she won the primaries.
The lawmaker in his appeal asked the appellate court to determine whether the trial Judge was right when he held that the primary election was not an election within the definition of that expression in the 1999 Constitution and the Electoral Act.
His words:
"Therefore, Ogwuche's qualification to contest the primary election could not be challenged at that stage, the issue being whether a person holding office in the public service as a Staff of FIRS, such as Ogwuche, must resign from office before contesting the primary election, which she failed to do on the ground that her qualification could only be challenged after the general election.
"Whether the trial Judge was right when he held that the appellant has no right whatsoever to challenge the decision of the PDP clearing Ogwuche to contest the primary election in spite of the fact that she was not qualified to contest."
It added that this is on the grounds of having failed to resign from her appointment in the public service as a staff of the Federal Inland Revenue Service.
It read in parts:
"Whether the learned trial Judge was right when he held, by implication, that Ogwuche was not required to state her employment status in the expression of interest and nomination form.
"Also, that the appellant had failed to draw the attention of the court to any part of the forms requiring such information and to that extent failed to discharge the burden of proof placed on him by law.
"Whether the trial Judge was right when he held, by implication, that the concealment of information is different from deliberate giving of false information and therefore that Section 29 (5) and (6) of the Electoral Act is inapplicable to the case of the appellant."
Benue reps' tussle: Court gives major ruling on Aida Nath's application, highlights reasons
Legit.ng previously reported that an application filed by Aida Nath Ogwuche for the amendment of an originating summons filed by a House of Representatives has been denied by the court.
Francis Ottah-Agbo had prayed the court to disqualify Ogwuche's candidacy on the grounds that she did not resign her employment before emerging as PDP's candidate for the House of Representatives.
Justice Abdu Dogo discredited the application by counsel to Ogwuche while insisting that the court would entertain the motion for amendment.
'We must look beyond politics to rescue Nigeria', Governor Ortom says as he meets Peter Obi
Peter Obi, the 2023 presidential candidate for the Labour Party had been described as one with 'very clear credentials'.
The appraisal for Obi was made by the governor of Benue state, Samuel Ortom, during a courtesy visit by the presidential candidate.
Ortom said he appreciates Obi's efforts in the quest to "Rescue Nigeria" and advised the former governor to meet with other presidential candidates for the possibility of their stepping down for him (Obi).
Source: Legit.ng
