By Vivian Okejeme, Abuja
Justice Fadimatu Aminu of the Federal High Court Special Taskforce hearing pre-election matters, has ordered a rerun of primary election for the All Progressives Congress 2023, Cross River Central Senatorial election.
The court ordered that a fresh primary election be conducted within 14 days from the judgment date.
The plaintiff is a former Director-General of the National Women Development Centre and an aspirant for the All Progressives Congress Cross River Central Senatorial seat, Barr. Mary Ekpere-Eta.
By the suit, Ekpere-Eta had asked the Court to declare her as the candidate of the party for the 2023 Senatorial elections in the district.
Ekpere-Eta also prayed the court to disqualify Hon. Etteng Williams and Chief Akinwumi Rickets from participating in any re-run as may be ordered by the court for the APC Cross Central Senatorial seat having not been qualified to run in the primaries ab inittio.
However, the court agreed with the Plaintiff (Ekpere-Eta) that the APC primary election held on the 28th May 2023, to elect its candidate was not conducted in accordance with the extant provisions of the Electoral Act 2022 and the Constitution of the party.
Consequently, the judge declared the said primary election, “null, void and invalid.
Earlier, the court had dismissed the preliminary objections raised by the 1st and 2nd defendants for lacking in merit.
Specifically, Ekwere-Eta, had prayed the court for a declaration that the 1st ( Williams) and 4th (Ricketts) defendants who came first and second in the primary election of the Cross River Central Senatorial District, which was conducted in May 28th, 2022 to elect the candidate of the APC in respect of the 2023, were in breach of Sections 61(I)(f) & 65(2)(b) respectively of the Constitution of the Federal Republic of Nigeria,1999(as amended) at the time of the said primary election.
The Plaintiff also sought “An order directing the 3rd defendant (INEC) to remove the name of the 1st defendant as the candidate of the APC in the general election from its record and replace and/or substitute same with the name of the plaintiff forthwith.
Or in the alternative, Ekpere-Eta asked the court for a declaration that the primary election of the Cross River Central Senatorial District of the APC conducted on May 28th, 2022 “is null, void and invalid having not been conducted with the extant provisions of the Electoral Act, 2033 and the Constitution of the Party.
Ekpere-Eta sought “An order disqualifying the 1st and 4th defendants from participating in the fresh election to be conducted by the APC for reasons of their infractions of Sections 61(1)(f)65(2)(b) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) respectively having been disqualified to contest ab initio.
She is also asking for N25million against the 1st defendant as the damages and cost of action.
