Court Sacks Kogi APC Lawmaker, Orders INEC To Declare PDP Candidate Winner

The Federal High Court sitting in Abuja has nullified the All Progressive Congress’ victory at the December 5, 2020, Kogi State House of Assembly Ibaji Local Government Constituency Bye-election , saying that its candidate, Egbunu Atule, was wrongly elected during the party’s primary election of September 3.

After looking at the party’s primary election result sheets, Justice Inyang Ekwo observed that “something is wrong about the primary election”.

He said on Friday that since the APC did not abide by the law in the emergence of Atule, the declaration by the Independent National Electoral Commission (INEC) on September 3 could not stand, adding that “the party with the first highest number of votes” should be declared winner.

Justice Ekwo’s judgement followed a suit filed by Joseph Enemona and 5 others who had been shortlisted for the APC primaries held on September 3.

The plaintiff had claimed that they were tricked out of the polls by the APC leadership and others, thereby bypassing the party’s constitution to install a candidate for the December legislative bye-election.

After considering the arguments and documents tendered by the lawyers, Ekwo said that the result sheets were manufactured, hence, contradicted the Electoral Act.

“I have taken a look at the result sheets tendered…there was no primary election, and this has not been controverted by the defendants. It is clear to me that the result sheets tendered by the first, third, fourth and fifth defendant was a product of organized manufacture; I find that the first defendant did not hold any valid primary election, or the nomination of its candidate for the bye-election of Kogi State House of Assembly Ibaji Constituency.

“The first defendant without a valid primary election, cannot be said to have fielded any candidate at the election,” he said.

Recall that INEC had declared Daniel Enefola (Peoples Democratic Party) as second at the Ibaji constituency poll.

The implication is that the PDP candidate will takeover as the Ibaji lawmaker.