Court nullifies APGA’s Anambra south Sen candidate, Chris Azubogu

By Vivian Okejeme, Abuja

The Abuja Division of the Federal High Court, had sacked a House of Representatives member, Honourable Chris Azubogu as the Senatorial candidate of the All Progressives Grand Alliance (APGA) for Anambra South Senatorial District in the 2023 general elections.

In his place, Justice Inyang Ekwo ordered that the plaintiff, Ben Nwankwo’s name be submitted to the electoral body as candidate of APGA for the election.

The court made the decision on grounds that was still a member of the People’s Democratic Party (PDP) when in June this year he stood for the primary election under APGA for Anambra South Senatorial District.

The judge held that Azubogu violated Section 65 and 68 of the 1999 Constitution in the unlawful ways and manners he stood for the primary election under APGA platform and got nominated for the February 2023, senatorial election for Anambra South.

The court insisted that Azubogu ought to have resigned, defected or cross carpeted from PDP to APGA before he can lawfully qualify to stand for primary election on the platform of another party.

As a serving member of the House of Representatives, representing Nnewi North/ Nnewi South/ Ekwusigo Federal Constituency under the PDP ticket, Justice Ekwo held that Azubogu ought to have relinquished the seat if he had actually resigned his membership, defected from PDP to APGA or another political party .

The court held that without complying with mandatory provisions of Sections 65 and 68 of the 1999 Constitution and Article 27 of the APGA guidelines for primary election for 2022, there was no way the federal lawmaker can lawfully participate in any primary election other than that of the PDP.

The court held that as at June 1, 2022 when APGA conducted its primary election for the nomination of candidate for Anambra South Senatorial District, Azubogu who is the 1st defendant in the suit was not qualified to participate.

The court added that any action taken in contravention or breach of the 1999 Constitution is unconstitutional, null and void, adding that Azubogu having not been a member of APGA at the time he purportedly stood for the primary election of the party cannot be lawfully nominated by APGA.

The court consequently nullified his purported nomination and submission of his name to INEC as candidate of APGA for the 2023 senatorial election.

The court issued restraining order prohibiting the House of Representatives member from parading himself as APGA candidate in the 2023 election and INEC from according him recognition as APGA’s candidate.