The Supreme Court is to deliver judgment in an appeal brought to it by Mrs. Aida Ogwuche for a House of Representatives ticket of the People’s Democratic Party (PDP), Benue Federal Constituency on Feb. 22.
The Apex Court fixed the verdict date after taking arguments from the counsel of the parties involved.
Ogwuche, represented by Adegboyega Awomolo SAN, pleaded with the court to return her as PDP’S candidate for Ado/Okpokwu/Ogbadibo Federal Constituency of Benue.
Awomolo urged the apex court to give 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).
Her opponent in the legal battle, Hon Francis Ottah Agbo in his submission asked the Supreme Court to dismiss the appeal for want of merit.
Represented by a former Attorney General of the Federation (AGF), Kanu Agabi SAN, Agbo insisted that Ogwuche violated the law by refusing to resign from FIRS at the time she stood for the primary election.
Justice Inyang Okoro who presided over the proceedings after taking arguments announced that judgment would be delivered on February 22.
The Court of Appeal in Abuja had on January 13 this year voided the nomination of Ogwuche as the House of Representatives candidate of the Peoples Democratic Party (PDP).
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In her place, the Court declared 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 a staff 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 from 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 party for the Federal seat.
The Federal High Court in Makurdi had on Nov. 11, 2022, declared Ogwuche as the duly nominated candidate of the PDP for the Ado/Okpokwu/Ogbadibo Federal Constituency.
The Court held that Ogwuche ought to have resigned her employment from the service before contesting in the primary election of the PDP.
The decision of the Federal High court recognizing the participation and election of 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.
