The Court of Appeal Abuja division has declared Francis Agbo as the validly nominated candidate of the Peoples Democratic Party (PDP) for the Ado/Okpokwu/Ogbadibo Federal Constituency of Benue State.
In a unanimous judgment, a three-member panel of the appellate court held that Aida Ogwuche who was declared winner of the PDP primaries by the Independent National Electoral Commission, (INEC) was still a staff of the Federal Inland Revenue Services (FIRS) at the time of the election.
The court of Appeal has ordered the Independent National Electoral Commission, INEC, to immediately withdraw the certificate of return issued to Aida Ogwuche and issue same to Francis Agbo as the validly nominated candidate of the party for the federal seat.
Mr Agbo, who doubles as the Chairman of the House Committee on Narcotics and Drugs came second in the disputed primary election.
The Federal High Court sitting in Makurdi had on November 11, 2022, declared Ms Ogwuche as the duly elected candidate of the PDP for the Ado/Okpokwu/ Federal Constituency.
Mr Agbo had approached the trial court for an order disqualifying Ms Ogwuche’s candidacy because she did not resign her appointment before contesting the election.
He argued that his opponent only resigned her engagement with FIRS two days after she won the party’s primary election.
According to the aggrieved lawmaker, Ms Ogwuche was also engaged by the Benue government as the principal special assistant to the governor.
Justice B.I Gafai who led the panel of justices said that Miss Ogwuche ought to have resigned her employment from the service before contesting in the primary election of the PDP.
The decision of the lower court recognising the participation and election of the first respondent in the election is illegal and unlawful.”
The judge relied on Section 66 (I) (f) of the 1999 Constitution to declare Ms Ogwuche’s election as unlawful.
