Abia Central: Onuigbo floors Atuma at Supreme Court
From Boniface Okoro, Umuahia
Chief Sam Onuigbo, has eventually emerged the All Progressives Congress (APC) Senatorial Candidate for Abia Central senatorial zone.
This is sequel to the Supreme Court ruling on Friday, January 27, 2023 which affirmed the Court of Apeal verdict that Onuigbo was the duly elected candidate for the Abia Central senatorial contest.
The apex court also dismissed the appeal filed by Hon. Emeka Atuma in Appeal No. SC/CV/1626/2022 and the one filed by the APC in Appeal No. SC/CV/1627/2022.
The two appeals were challenging the judgment of the Court of Appeal sitting in Owerri delivered by Hon. Justice Rita Pemu which affirmed Hon. Onuigbo as the validly nominated candidate of the APC for the 2023 Abia Central Senatorial district election.
Upon the conduct of the primaries for Abia Central Senatorial District held on the 28th of May, 2022 and concluded on 29th May, 2022, Hon. Onuigbo was returned the winner of the said primaries, which was also monitored by the Independent National Electoral Commission (INEC).
However, the APC, on the 16th of June, 2022, forwarded the name of Hon. Emeka Atuma, who never participated in the said primaries, to INEC.
When he caught wind of the development, Onuigbo immediately briefed his lawyers who immediately wrote to INEC not to recognize Hon. Emeka Atuma as the APC candidate for Abia Central Senatorial District.
Further to the above, a suit was filed at the Federal High Court sitting in Umuahia, challenging the unilateral substitution of the name of Onuigbo with that of Atuma, in Suit NO: FHC/UM/CS/113/2022. The Federal High Court dismissed the claim of Onuigbo.
Dissatisfied with the said judgment, an appeal was lodged at the Court of Appeal, Owerri Division, in APPEAL NO: CA/OW/404/2022, by Hon. Samuel Onuigbo.
Having perused the brief filed by the parties, the record of appeal and the Appellant’s brief, the Court of Appeal affirmed that Onuigbo was validly nominated in a primary election that took place on the 28 day of May, 2022.
The judgment of the Court of Appeal necessitated the two appeals lodged at the Supreme Court by Hon. Emeka Atuma and APC.
Chief Emeka Obegolu (SAN), Counsel to Onuigbo, in his brief, urged the apex court to give effect to the novel provisions of the Electoral Act 2022 (as amended) and bring an end to Political Parties’ rascality whereby the outcomes of valid primary elections are truncated by the National working Committee of Political Parties even when such primary elections are monitored by INEC as mandatorily provided for in the Electoral Act, 2022 (as amended).
The Supreme Court, on Friday, the 27th of January, 2023, agreed with the submissions of Chief Obegolu, affirmed the judgment of the Court of Appeal and dismissed the two appeals APC and Atuma..
By this judgment, the coast is now clear for Hon. Samuel Onuigbo to fly the flag of the APC in the forthcoming 2023 General Elections as the APC Senatorial Candidate for Abia Central
