A Federal High Court in Abuja has removed Chris Azubogu, a member of the House of Representatives, as the All Progressives Grand Alliance (APGA) Senatorial candidate for Anambra South Senatorial District in the 2023 general elections.
When he ran for the Anambra South Senatorial District primary election under the APGA banner in June, he was disqualified because of his membership in the People’s Democratic Party (PDP).
Delivering judgment in the suit instituted by mister Ben Nwankwo, challenging Azubogu’s nomination, Justice Inyang Ekwo held that the lawmaker violated Sections 65 and 68 of the 1999 Constitution in the unlawful ways and manners in which he stood for the primary election under the APGA platform and was nominated for the senatorial election for Anambra South in February next year.
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Justice Ekwo agreed with the plaintiff that Azubogu should have resigned, defected, or crossed carpet from the PDP to the APGA before he could lawfully stand for primary election on the platform of another party.
As a sitting member of the House of Representatives representing Nnewi North/ Nnewi South/ Ekwusigo Federal Constituency on the PDP ticket, Justice Ekwo ruled that Azubogu should have resigned his membership or defected from the PDP to the APGA or another political party.
The court ruled that the federal legislator could not lawfully participate in any primary election other than the PDP’s unless he followed the mandatory provisions of Sections 65 and 68 of the 1999 Constitution and Article 27 of the APGA criteria for primary elections in 2022.
The court ruled that on June 1, 2022, when the APGA had its primary election for the nomination of a candidate for the Anambra South Senatorial District, Azubogu was not eligible to participate.
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The court further stated that any conduct taken in violation of the 1999 Constitution is unconstitutional, null and void, and that Azubogu, who was not a member of APGA at the time he reportedly stood for the party’s primary election, cannot be constitutionally nominated by APGA.
As a result, the court declared his supposed candidacy and submission of his name to INEC as an APGA senatorial candidate for the 2023 election null and void.
In his place, Justice Ekwo directed that the name of the plaintiff, Ben Nwankwo, be presented to the electoral authority as an APGA candidate for the election.
The court imposed a restraining order barring the House of Representatives member from running as an APGA candidate in the 2023 election and INEC from recognizing him as APGA’s candidate.
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