In a ruling written by Justice Helen Ogunwumiji and read by Justice Emmanuel Agih, the Supreme Court ruled that the PDP does not have a candidate for senator in the senatorial zone.
In the primary election for the Imo West Senatorial District, a former member of the House of Representatives who represented the Nwangele/Isu/Njaba/Nkwerre federal constituency, Jones Onyeriri, won with 228 votes, defeating his closest competitor, Thank God Ezeani, who received 118 votes, and Jerry Alagbaso, who received 57 votes.
The decision was based on an appeal filed by Nnamdi Thank God Ezeani against Jones Onyeriri and others and labelled SC/CV/1441/2022 (respondents).
Previously, the Supreme Court rendered a decision in a similar case designated SC/CV/1440/2022, filed by the Honorable Jerry Alagbaoso against the Independent National Electoral Commission and two others.
In a unanimity ruling, the Supreme Court determined that Ezeani's appeal "succeeds."
The court stated that by holding the senatorial primaries in Aladimma Owerri, outside of the Orlu zone, the PDP had violated its own constitution and the Electoral Act. Therefore, Justice Ogunwumiji concluded that the PDP primary election for the Imo West Senatorial District, which was held in Owerri, violated section 87(9) of the Electoral Act.
"According to the Act, the primary election to select a candidate for a senatorial district must take place inside the senatorial district, and not outside.
In May of 2022, the primary election was held in Owerri.
"Not only did the PDP violate its own constitution, but also the Electoral Act, which is a legislation.
The act is unlawful and subject to nullification. Justice Ogunwumiji ruled that Respondents' claim that parties agreed to hold the primary election outside of the Orlu zone was a legal mistake.
Justice Ogunwumiji stated that the arrangement to organise the primary election in Owerri violated the law.
Azeez Taiwo Hassan, the attorney for the appellant, stated that the issue began when his client's petition disputing the conduct of the primary election outside of the Orlu zone was disregarded.
"We contested the nomination of PDP candidate Hon. Onyeriri before the Federal High Court in Owerri, but the court decided against us." We went to the Court of Appeal in Owerri, where our appeal was similarly rejected. But because we believed in our position and the law was so unambiguous, we petitioned the Supreme Court to settle the dispute. Today's ruling by the supreme court confirms that our stance was correct from the beginning, when it was taken before the lower courts.
Azees Hassan stated that the court's decision reinforced the unalterable concept and clause of the Electoral Act, which stipulates that any party's primary election must take place inside the allocated constituency or senatorial district.
(Source: independent.ng)
