The Court of Appeal has dismissed an appeal filed by Princess Ann Agom-Eze challenging Governor David Umahi’s emergence as the Ebonyi South Senatorial Zone candidate.
The appellate court in Abuja on Friday also affirmed the senatorial candidacy of Governor Umahi.
Recall the primary election held on May 28, 2022, produced Austin Umahi, Governor Umahi’s younger brother as the winner of the election.
Backstory
On July, 22 Umahi approached the Federal High Court asking the Independent National Electoral Commission (INEC) to recognise him as a senatorial candidate.
However, In its ruling, the court dismissed his suit and recognised Ann Agom-Eze, who was the second runner-up in the senatorial primary election conducted by the All Progressives Congress (APC) on May 28.
The court also ordered INEC to conduct a fresh primary within 14 days for the district.
On June 9, another primary was held from which Austin withdrew, and the Ebonyi governor reportedly contested unopposed and won.
However, INEC excluded Mr. Umahi’s name from the list of candidates published for the 2023 election.
The party also expelled Agom-Eze from the APC over alleged rebellious and unruly behavior.
Not satisfied with the turnout of the event, Agom-Eze approached the appellate court challenging Umahi’s emergence as the APC candidate for the senatorial district.
Umahi, in turn prayed the court to be declared the rightful winner of the primary election.
In its judgment on Friday, the court of appeal held that the trial court erred when it failed to uphold the primary election of June 9. where Umahi was nominated as the APC senatorial candidate.
The court also held that the High Court was wrong when it upheld Agom-Eze’s counter-affidavit.
According to the court, Umahi’s nomination was never challenged by anybody within 14 days as stipulated by section 285(9) of the 1999 constitution.
Consequently, the court affirmed his candidacy as the elected candidate of the APC for the Ebonyi south senatorial election.