The federal high court in Abuja presided over by Justice Binta Nyako has released the last week’s judgement which sacked High Chief Ikechi Emenike as the APC governorship candidate in Abia state and holds that the indirect primary election which produced Emenike was in total disobedience to a letter forwarded by the national leadership of APC to INEC that it will adopt a direct mode of primary in the state. Other states where APC pointed out that it would adopt the direct mode of primary include, Osun and Benue. Justice Nyako in her judgement said it was alien how APC notified INEC of its decision to adopt the direct primary mode in the state and abandoned it by according recognition to a candidate, Emenike who emerged from a purported indirect primary, saying such is invalid. Citing the letter addressed to the Independent National Electoral Commission, INEC and signed by the National Chairman of APC, Sen. Abdullahi Adamu and the Secretary, Iyiola Omisore, for which affidavit was also deposed, Justice Nyako wondered why a purported indirect primary still went ahead. The letter read in part, “Further to our earlier letter referenced APC/NHDO/19/022/54 and dated 19th May 2022, we want to inform your commission of the decision of the National Working Committee (NWC) of our party having invoked the powers vested on it by the National Executive Committee (NEC) to adopt DIRECT MODE OF PRIMARIEs for the nomination of candidates of the party into various elective offices for the following states: (Abia, Benue and Osun States). “This is in furtherance to the Party Constitution (as amended) 2022 and Section 84 (4)(6)(c) of the Electoral Act 2022 (as amended) which provides the option of direct primaries in respect of nomination of candidates. “Above is your information and necessary action, please. While we hope for your favourable cooperation, please accept the assurances of our esteemed regards.” She, therefore, held that the direct primary election of May 26—27 which produced Dr Uche Ogah, a former Minister of State for Mines and Steel Development was the only valid governorship primary election conducted by APC in Abia and monitored by INEC, report of which was endorsed by the Resident Electoral Commissioner in charge of Abia State.

November 14, 2022

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