The Court of Appeal in Abuja has affirmed David Umahi, Ebonyi governor, as the validly elected candidate of All Progressives Congress (APC) for the Ebonyi south senatorial election.
His challenger, Ann Agom-Eze had challenged Umahi’s emergence as the APC candidate for the senatorial district.
Umahi filed a suit before a High Court in Abakiliki asking for recognition as the APC Candidate for the Senatorial District but the Court dismissed the suit and .ordered that a fresh primary election be conducted within 14 days.
Consequently,the APC conducted a fresh primary election on July 31, and Umahi was declared the winner.
A few weeks after the loss, Agom-Eze was expelled from the APC over alleged rebellious and unruly behaviour.
Delivering judgment in the appeal filed by the governor, the appeal court held that the high court was wrong when it upheld Agom-Eze’s counter-affidavit.
The court said 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.
It held that the nomination was never challenged by anybody within 14 days as stipulated by section 285(9) of the 1999 constitution.
