2023: Court refuses to recognize Gov Umahi as candidate for Ebonyi south Senatorial district

A Federal High Court sitting in Abakaliki, the Ebonyi State capital has dashed the hope of Executive Governor of Ebonyi State, Engr Dave Umahi of representing Ebonyi South Senatorial District at the Senate in 2023.
The court on Friday, recognised Princess Ann Agom-Eze, as the Senatorial candidate of the All Progressives Congress (APC) against the prayer of the Governor.
The governor had approached the court through his counsel, Roy Nweze Umahi, to order the Independent National Electoral Commission (INEC), to recognize him as the authentic senatorial candidate for Ebonyi South senatorial District.
However, Princess Agom Eze approached the court with a counter argument on the governor’s senatorial bid on Tuesday.
Austin Umahi (the governor’s younger brother), a contender, stepped down at the second primary election conducted on June 9, 2022, which paved way for the governor to emerge unopposed.
Umahi’s Counsel therefore argued that the governor’s name should be recognised by INEC, since the first winner of the Ebonyi South Senatorial primary election which took place at Afikpo North Local Government Area, in the state, Austin Umahi had withdrawn.

But, in his judgement, Justice Fatun Riman, who relied on section 115 of the Electoral Act 2022 noted that the governor was not an aspirant and cannot participate in the election or pre-election matters of the APC as regards the Ebonyi South Senatorial Zone because the primary held on May 28, 2022.
From the cited section of the new Electoral Act, the governor neither procured forms for nor participated in the election and cannot claim any right based on the primary election.
Recall that the Resident Electoral Commissioner in Akwa Ibom State, Mike Igini, had warned that politicians who procured multiple forms were criminals and risk two years’ imprisonment.
In a swift reaction to the ruling, the Counsel to Agom Eze, Barr Nwonu Nnaemeka, pointed out that his team’s argument was that, as soon as Austin Umahi withdrew from the primary, Agom Eze should claim all her rights as regards the exercise, being the second runner-up.