The judge reminded Gov. Umahi that should he choose to file an appeal against his ruling, he risks attracting to himself a two-year jail term.
By Emma Ogbuehi
The attempt by the governor of Ebonyi State, Engr. Dave Umahi, to bulldoze his way into the Senate in the 2023 elections after failing to clinch the presidential ticket of the All Progressives Congress (APC) was stymied on Friday by a Federal High Court sitting in Abakaliki.
There has been a contention as to who is the authentic candidate of the APC for the Ebonyi South Senatorial District.
But on Friday, the candidate, Ann Agom-eze, defeated Governor Umahi as the Court ruling favoured her against all odds.
Recall that Agom-eze came second in the APC senatorial primary election for Ebonyi South, which was conducted in Afikpo North Local Government Area of Ebonyi State, as Governor David Umahi’s younger brother, Austin Umahi, came first.
However, Austin Umahi withdrew from the election and relinquished the ticket to Engr David Umahi even as the Independent National Electoral Commission (INEC) frowned at the development and omitted Umahi’s name from their published list of candidates for the 2023 general election.
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INEC never monitored the rerun exercise, which purportedly announced the governor as the senatorial candidate of the APC.
Umahi then went to the Federal High Court in Abakaliki, through his counsel, Roy Nweze Umahi, to seek an order of court to compel INEC to publish his name as senatorial candidate for Ebonyi South senatorial district even as Ann Agom-eze also applied to be joined in the suit.
Delivering the landmark judgment, Justice Fatun Riman cited section 115 of the Electoral Act, which forbids a person from standing two different primary elections in the same year.
He said in his judgment that such a person, if found claiming to have participated in two primary elections, risks a two year jail term.
He further affirmed that the authentic Senatorial candidate for Ebonyi South senatorial district of the APC was Mrs. Ann Agom-eze, since Mr. Austin Umahi withdrew from the race.
The judge reminded Governor Umahi that should he choose to file an appeal against his ruling, he risks attracting to himself a two-year jail term.