THE Supreme Court on Thursday in Abuja fixed Wednesday, February 22, 2023 for final judgment in a legal battle between Hon Francis Ottah Agbo and Mrs Aida Nath Ogwuche for a House of Representatives ticket of the People’s Democratic Party (PDP) for Ado/Okpokwu/Ogbadibo Federal Constituency of Benue State.
The Supreme Court fixed the date following arguments in the matter appealed to it by Ogwuche following a Court of Appeal judgement vanquishing her candidacy for the forthcoming election.
Her counsel, Adegboyega Awomolo SAN, in his argument, pleaded with the Supreme Court to return her as PDP’S candidate for Ado/Okpokwu/Ogbadibo Federal Constituency of Benue State by giving proper interpretation to Section 66 (I) (f) of the 1999 Constitution as it relates to elections being conducted by the Independent National Electoral Commission (INEC).
Agbo’s counsel, Kanu Agabi SAN, a former Attorney General of the Federation (AGF), insisted that Ogwuche violated the law by refusing to resign from FIRS at the time she stood for the primary election and as a result asked the Supreme Court to dismiss the appeal for lack of merit.
Justice John Okoro, who presided over the proceedings after taking arguments announced that final judgment would be delivered next Wednesday, February 22.
The Court of Appeal in Abuja had on January 13, 2023 voided the nomination of Ogwuche as the House of Representatives candidate of the Peoples Democratic Party (PDP). In her place, the Court declared Hon Agbo as the validly nominated candidate of the party in the Constituency.
The appellate court held that Ogwuche, who was declared winner of the PDP primaries by the Independent National Electoral Commission (INEC) was still an employee of the Federal Inland Revenue Services (FIRS) at the time of the election.
Agbo, who is the current member representing the Federal Constituency and Chairman of the House Committee on Narcotics and Drugs, came second in the disputed primary election in May 2022.
Having found that Ogwuche did not resign her appointment with FIRS, the Court of Appeal ordered INEC to immediately withdraw the certificate of return issued to her and re-issue same to Agbo as the validly nominated candidate of the PDP for the federal constituency.
The court held that Ogwuche ought to have resigned her employment from the FIRS before contesting in the primary election of the PDP.
The decision of the Federal High Court recognising the participation and election of Mrs Ogwuche in the primary election was declared illegal and unlawful.
The panel relied on Section 66 (I) (f) of the 1999 Constitution to declare Ogwuche’s election as unlawful and invalid.
The Federal High Court in Makurdi had on November 11, 2022, declared Mrs Ogwuche as the duly nominated candidate of the PDP for the Ado/Okpokwu/Ogbadibo Federal Constituency.
