The Court of Appeal sitting in Abuja, on Wednesday, nullified the governorship primary election and sack Greg Ibe, the All Progressives Grand Alliance, APGA, in Abia State.
A three-member panel of the appellate court, in a unanimous decision, held that the gubernatorial primary poll APGA conducted in the state on May 29, 2022, was fraught with manifest irregularities.
Though the appellate court upheld the earlier judgement of the Federal High Court in Abuja which ordered the party to conduct a fresh primary within 14 days, it however noted that the period within which such a primary could be conducted had elapsed.
“The implication is that APGA has no candidate for the forthcoming governorship election in Abia state”, Justice Stephen Adah who read the lead judgement of the appellate court held.
The judgement followed an appeal that was lodged by Prof. Greg Ibe who was adjudged the winner of the primary election that was voided by the court.
It will be recalled that the trial Justice Binta Nyako had on the strength of a suit that was filed by an aggrieved governorship aspirant of the party, Chikwe Udensi, invalidated the outcome of the primary election.
Udensi had insisted that the primary election was flawed, contending that Prof. Ibe was not validly elected as flag-bearer of the party.
The plaintiff prayed the court to either declare him as the bonafide winner of the APGA gubernatorial ticket or in the alternative, order the conduct of a fresh primary election.
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Delivering judgement in the matter, Justice Nyako held that there was merit in the case of the plaintiff which she said succeeded in part.
The court held that evidence before it established that the said primary poll was not conducted in substantial compliance with the Electoral Act, 2022 and the election guidelines of APGA.
Though it declined to declare the plaintiff as the winner of the gubernatorial ticket, it, however, ordered the conduct of a fresh primary poll within 14 days.
Dissatisfied with the verdict, Prof. Ibe took the case before the appellate court.
While deciding the appeal on Wednesday, Justice Adah affirmed the power of the National Working Committee, NWC, of the party to nominate a candidate of the party to the Independent National Electoral Commission, INEC, for the purpose of the election.
However, he stressed that such a candidate so nominated must emerge through a validly conducted primary election.
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