The Peoples Democratic Party :
source: file copy
An FCT High Court sitting in Nyanya on Friday declared null and
void the Peoples’ Democratic Party’s, PDP, Senatorial primary for
Ebonyi Central held on October 2, 2018.
Justice Peter Kekemeke ordered that a fresh primary should be
held within seven days to accommodate one Collins Omebeh, who was
denied participation in the primary election by the defendants.
The other four defendants are Prince Uche Secondus, Independent
National Electoral Commission, INEC, Chief Obinna Ogba and Chief
Paulinus Nwagu.
Mr Omebeh, who filed the suit on Nov. 6, 2018, claimed that he
met all the requirements to contest in the primary election because
he was issued a provisional clearance certificate by the party.
He said he was surprised when a publication in This Day
Newspapers of Sept. 29, 2018 carried the purported withdrawal of
the Provisional Clearance Certificate duly and lawfully issued to
him.
He, therefore, sought the order of the court to compel the 1st,
2nd and the 3rd defendants to conduct a fresh and all inclusive
election for the said Senatorial seat.
In his ruling, Kekemeke held that the facts contained in the
affidavit and the statement of claim, were cogent and strong enough
to sustain the case of Omebeh.
The judge held that Omebeh, who had fulfilled the necessary
requirement, was entitled to participate in the primary election to
produce a candidate for the forthcoming election in February
16.
He said that the provisional clearance certificate duly and
lawfully issued to Omebeh by the party was legal and lawful and
therefore valid and subsisting.
Kekemeke also held that the act of omission, commission, failure
or refusal by the defendants, their agents and officers, to ensure
the claimant’s participation in the said election was illegal and
unconstitutional.
He ruled that the publication of September 29, 2018 without
hearing from the claimant was a breach of the Omebeh’s
constitutional right to Fair hearing.
“Consequently, the party’s senatorial primary election of Ebonyi
Central Senatorial District purportedly held on October 2, 2018
without the participation of the Omebeh is hereby declared null and
void.
“The first, second and third defendants are hereby ordered to
conduct a fresh, free and all-inclusive Ebonyi Central Senatorial
Primary Election within seven days from the day of the judgment,”
he said.
NAN
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