Wednesday, 15 June 2016

Federal High Court sacks House of Rep member over illegal Primary Election

Recently, a Federal High Court setting in Abuja has ordered a member of the House of Representatives representing Udi/Ezeagu Federal Constituency of Enugu State, Mr Dennis Amadi, to vacate his seat.

Mr Dennis Amadi

The Justice presiding the case, Justice Okon Abang gave the order on Friday, June 10. In his ruling, he held that the purported primary election of the People's Democratic Party (PDP) that produced Amadi was “illegal, null and void”.

The judge said PDP primary election held in the constituency on December 6, 2014, was the authentic one, and declared Ogbuefi Ozomgbachi as the winner of the primary.

Ogbuefi Ozomgbachi

Justice Okon therefore directed the Independent National Electoral Commission, the 3rd defendant, in the suit to immediately withdraw the certificate of return it earlier issued to Amadi.

The judge also ordered INEC to issue certificate of return to Ozomgbachi.

Justice Okon Abang ruling: “After a careful reading through the submissions of counsel in the suit, I note that the election of the plaintiff was conducted at the designated venue for the Udi/Ezeagu Federal Constituency of Enugu State”
“The plaintiff has shown that the duly appointed electoral officers were present and declared him winner”
“I find merit in his request to uphold his election and therefore hold that he be declared the authentic winner of the primaries held on the 6th of December 2014 having duly satisfied the party’s guidelines for elections in 2014," the judge ruled”.

Also, Justice Abang ordered Amadi, who is the first defendant in this suit, to hall return all the monies collected by way of salaries, allowances or whatsoever since he took office.

Amadi had sued the PDP, the INEC and Ozomgbachi had praying the court for “an order of injunction restraining the 1st defendant or any other person acting for and on his behalf from interfering with the plaintiff’s rights as the elected PDP candidate for the Udi/Ezeagu Federal Constituency for the forthcoming 2015 general elections.

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