The court, in a judgement that was delivered by Justice Valentine Ashi, equally voided the senatorial ticket and Certificate of Return the party issued to Ukachukwu.
Justice Ashi held that evidence before the court indicated that the primary election was not only fraught with irregularities, but also conducted without regard to relevant provisions of the 1999 constitution, the Electoral Act 2010, as well as the constitution and electoral guidelines of the party.
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The court noted that whereas APGA claimed that Ukachukwu was elected through an electoral college that comprised of three delegates from each of the Wards in the Senatorial District, it, however, failed to produce the names of the delegates that participated in the exercise.
Besides, Justice Ashi said he was convinced that the primary election was fraudulent, after the Independent National Electoral Commission, INEC, notified the court that the party refused to furnish its officials that went to monitor the primary election that was held at Ekwulobia, with the list of the delegates.
“The question to be asked here is this; If the Defendants were certain that they were using the legitimate list of delegates, why did they have to hide it from INEC officials?
“In totality, the Defendants’ case is so weak that it has only helped to strengthen the Plaintiff’s case”, Justice Ashi held.
He said the court was unable to establish any form of wrongdoing on the part of INEC with respect to the primary election and would therefore not make any order against the Commission.
“In the final analysis, the primary election the All Progressives Grand Alliance held in Anambra South Senatorial District on October 3 having been improperly conducted, is hereby set-aside.
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“Similarly, all the outcome of the said primary election are hereby declared null and void “, the court held.
The judgement followed a suit marked CV/3054/2018, which was lodged before the court by an aggrieved Senatorial aspirant of the party, Dr. Okey Chidolue.
Cited as 1st to 5th Defendants in the matter were APGA, its National Chairman, Chief Victor Ike Oye, the Anambra State Chairman of the party, Mr. Norbert Obi, declared winner of the primary poll, Ukachukwu, and INEC.
Meanwhile, the court declined to either compel INEC to recognize the Plaintiff as APGA’s Senatorial candidate, or to order the party to conduct a fresh primary election for the District.
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