The Information Company of Nigeria (NAN) experiences that Egbunu was declared winner of the election having scored the very best votes of eight, 515 votes.
Joseph Enemona, one of many aspirants within the APC State Home of Meeting main, had instituted the swimsuit towards the celebration and 4 others.
Enemona, who was the plaintiff, had challenged the legality of the Sept. three, 2020 main election claimed to have been performed by his celebration.
He averred that his celebration unlawfully excluded six different aspirants from the first election and in addition didn’t permit delegates to vote on the ballot.
The plaintiff additional asserted that whereas the legislation stipulated that the first election be performed on the celebration secretariat in Onyedega, the APC officers allegedly performed the purported main election in a mall.
He additional contended that the Unbiased Nationwide Electoral Fee (INEC) was not given 21 days’ discover earlier than the purported main election and as required by Part 85 of Electoral Act, 2010.
The plaintiff additional hinged his case on the bottom that whereas the APC tips stipulated direct main election, the APC officers manipulated the rules and purportedly used oblique system to select the purported candidate and demanded that the purported nomination of Egbunu be voided and one other main election be performed.
Nevertheless, Justice Ekwo, after reviewing submissions by events within the matter, agreed that the APC didn’t conduct a main election recognized to legislation.
The choose held that whereas seven aspirants had been to take part within the main election, the celebration unlawfully maneuvered the system and made the participation for a single candidate.
He additionally held that the APC ran foul of the legislation by conducting the purported main election outdoors the celebration secretariat as required by legislation.
Ekwo additionally faulted the purported substitution finished between Matthew Oguche and Atule Egbunu on the bottom that Oguche was not one of many respectable aspirant earlier than the election.
The choose, subsequently, declared the purported APC main election as unlawful, illegal and unconstitutional and subsequently set it apart.
Justice Ekwo stated that for the reason that time for main and nomination had lapsed, the candidate who got here second within the Dec. 5, 2020 bye-election must be inaugurated because the lawmaker for Ibaji Constituency.