The Supreme Court on Friday nullified the Imo West senatorial primary election of the Peoples Democratic Party (PDP).
In a judgment prepared by Justice Helen Ogunwumiji and read by Justice Emmanuel Agih, the apex court stated that the PDP by the judgement, has no senatorial candidate in the senatorial zone.
Recall that in the primary election for Imo West Senatorial District, a former House of Representatives member, who represented the Nwangele/Isu/Njaba/Nkwerre federal constituency, Jones Onyeriri, won with 228 votes, to defeat his closest rival, Thank God Ezeani, who polled 118 votes, while Jerry Alagbaso got 57 votes.
The judgement was on an appeal marked SC/CV/1441/2022 by Nnamdi Thank God Ezeani against Jones Onyeriri and orhers (respondents).
Earlier, the Supreme Court had decided on a similar appeal marked SC/CV/1440/2022 by Hon. Jerry Alagbaoso against the the Independent National Electoral Commission and two others.
In a unanimous decision, the Supreme Court held that Ezeani’s appeal “succeeds”.
The court noted that having conducted the senatorial primary election in Aladimma Owerri, outside of Orlu zone, the PDP had violated its own constitution and the Electoral Act.
Consequently, Justice Ogunwumiji opined that the PDP primary election for Imo West Senatorial District held in Owerri, was done in contravention of section 87(9) of the Electoral Act.
“The Act says that primary election to nominate candidate for a Senatorial District shall be held in the senatorial constituency, and not outside the Senatorial zone.
“The primary election conducted in May, 2022, was held in Owerri.
“The PDP violated not only its constitution but also the Electoral Act, which is a statute.
“The act is illegal” and liable to be nullified. Justice Ogunwumiji stated that the contention of the Respondents that it was agreed by parties to conduct the primary election outside Orlu zone was an error in law.
“The agreement to hold the primary election in Owerri violated the statute, Justice Ogunwumiji stated.
