A Federal High Court in Abuja has nullified the election of a member of the House of Representatives representing Udi/Ezeagu Federal Constituency of Enugu State, Dennis Amadi.
The presiding judge, Justice Okon Abang, who delivered judgment in the pre-election suit on Friday, said the purported primary election of the Peoples Democratic Party that produced Amadi was “illegal, null and void”.
Justice Abang held that the PDP primary election conducted on December 6, 2014 was valid and affirmed Chief Ogbuefi Ozomgbachi as the winner of the said the primary election.
He ordered the Independent National Electoral Commission, the 3rd defendant in the suit, to immediately withdraw the Certificate of Return it earlier issued to Amadi, while without delay Ozomgbachi should be given Certificate of Return into the Ude/Ezeagu Federal Constituency of Enugu State.
Justice Abang ordered Amadi to vacate his seat with immediate effect.
He held: “After a careful reading through the submissions of counsel in the suit, I note that the election of the plaintiff was conducted at the designated venue for the Udi/Ezeagu Federal Constituency of Enugu State.
“The plaintiff has shown that the duly appointed electoral officers were present and declared him winner.
“I find merit in his request to uphold his election and therefore hold that he be declared the authentic winner of the primaries held on the 6th of December 2014 having duly satisfied the party’s guidelines for elections in 2014.
“Dennis Amadi, who is the 1st defendant in this suit, shall also return all the monies collected by way of salaries, allowances or whatsoever since when he took the seat.”
The cost of N100, 000 was also awarded against the 1st defendant.
In the plaintiff’s originating summons, which has Dennis Amadi (1st defendant), the PDP (2nd defendant) and INEC (3rd defendant), Chief Ozomgbachi had prayed the court among other similar orders for: “An order of injunction restraining the 1st defendant or any other person acting for and on his behalf from interfering with the plaintiff’s rights as the elected PDP candidate for the Udi/Ezeagu Federal Constituency for the forthcoming 2015 general elections.
“An order of injunction restraining the 1st defendant by himself or his privies, servants or otherwise whosoever from parading himself as the 2nd defendant’s candidate for Udi/Ezeagu Federal Constituency and from presenting himself to any person or authority including the 2nd and 3rd defendants as being the 2nd defendant’s candidate for the Udi/Ezeagu Federal Constituency.”
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