How Onuigbo, the electoral law of 2022 survived the judicial ambush

As Apex Court dismisses APC appeal on Abia Central Senate Primary

Nigeria's Supreme Court yesterday missed the legal ambush by the ruling All Progressives Congress (APC) against the nomination of Hon. Samuel Ifeanyi Onuigbo as the party's nominee for the Central Senatorial District of Abia .

Shortly after the end of the straw ballot for the central senatorial district of Abia, some APC leaders rallied behind Chief Emeka Atuma, who was the first runner-up in the contest for the governorship of the Abia. 'APC, to launch a legal challenge to the emergence of Onuigbo from May. 28/29, 2022 Senate Primary.

But, stung by the surreptitious attempt to substitute his name for Atuma's, Onuigbo, who is also the chairman of the House of Representatives Committee on Climate Change, approached the Federal High Court in Abuja to obtain an order restricting the independent national election. Commission (INEC) to accept Atuma's name as the APC candidate for Abia Central, claiming among other remedies that under Sections 29(1) and 84 of the Electoral Act 2022, Atuma did not participated in the processes leading to the conduct of the central senatorial primary of Abia.

Onuigbo further claimed that he defeated Henry Ikoh, who was appointed Minister of State, by 157 votes to 152, adding that the primary result signed by the President and Secretary of the Primary Elections Committee of the National Assembly, was officially received by APC headquarters.

Justice E. N. Anyadike of the Federal High Court had ruled that in the absence of a valid result showing that the plaintiff had won the postponed primary of the 1st defendant, he could not claim that his name had been illegally replaced by that of the 3rd defendant (Atuma).

This decision, however, was overturned by the Court of Appeal, which ordered INEC to list Hon. Samuel Onuigbo as APC candidate for Abia Central Senatorial District.

The three-man panel led by Nosakhare Pemu (PJCA), considered that "the 1st defendant is the one who produced the results of the primary election of May 28, 2022, the result of which is signed by Daniel Swan , showing the caller (Onuigbo) as the winner of Abia Central Senatorial District.

“This result remains unimpeachable, valid and authentic. It has probative force and the 1st defendant cannot deny its authenticity or legality…The appeal is granted and is hereby admitted. I hereby rescind the decision of the Umuahi Federal High Court rendered on October 4, 2022.”

Judges Oludotun Adebola Adefope-Okojie and Samuel Ademola Bola also concurred with the judgment rendered, noting that the appeal "is well-founded, I respect the decision and the subsequent orders rendered".

Chief Emeka Atuma

But, the Court of Appeal, Owerri Division, in quashing Anyadike's judgment, found that there was no support for the claim that a new primary election had been held for the central senatorial district of Abia after that of May 28, 2022.

The Court of Appeal further ordered that: "That the unilateral substitution of the name of the appellant as a validly elected candidate for that of the 3rd defendant, who never participated in the primary election of the 1st defendant (APC) for the central senatorial district of Abia is declared null and void.

"That the election result submitted by the 2nd Respondent (INEC) on June 16, 2022, scrolling the name of the 3rd Respondent as the candidate of the 1st Respondent in the Central Senatorial District of Abia is hereby canceled and canceled .

"That the 2nd Respondent (INEC), is hereby barred from recognizing the 3rd Respondent, whose name was sent by the 1st Respondent to the 2nd Respondent as the nominee and winner of the 1st Respondent Primary Election held on June 7, 2022, As the Appellant (Onuigbo) was validly declared the winner of the 1st Respondent Primary Election for the Central Senatorial District of Abia held on May 28-29, 2022, which is valid and effective.

"That the 2nd Defendant is hereby ordered to immediately include the name of the Appellant as the 1st Defendant's candidate for the Abia Central Senatorial District, the Appellant having emerged as the winner of the 1st Defendant's primary respondent held on May 28 and 29, 2022.

"That the 2nd Defendant (INEC) is hereby ordered to release the names of the Appellant, Hon. Samuel Ifeanyi Onuigbo, as the winner and valid candidate of the 1st Defendant for the Central Senate District of Abia...