From Godwin Tsa, Abuja
The member representing Ado/Ogbadibo/Okpokwu Federal Constituency, Dr. Francis Ottah Agbo, has expressed satisfaction with the judgment of the Appeal Court sitting in Abuja which ordered the withdrawal of the Certificate of Return given to his main contender in the PDP primary, Aida Nath Ogwuche, and be given to him.
The lawmaker, popularly known as the Ubagidi of Enone, in a statement by his media aide, Mr. Andrew Agbese, said the judiciary has lived up to its name as the last hope of the common man.
He dedicated his victory at the Appellate Court to God and the long suffering people of Enone and called on all Members of his constituency to Join hands with Him to win the General Elections
The Appeal Court in Abuja had disqualified the candidacy of Ms Ogwuche on grounds that she did not resign her appointment with the public service before contesting the primary of the PDP.
The Ozigizaga and Moving Train of Enone appealed to his supporters to be magnanimous in victory.
He said having fought the military as a journalist for the return of democracy, it was incumbent on him to take every measure to safeguard democracy, which he noted was responsible for going to court in the first place
“Yes, I went to court after the primary election of the PDP but it was not purely for personal gains but to ensure that the proper things are done to safeguard our democracy.
“I’m happy that the court has agreed with me that a dangerous precedent would have been set if a public servant is allowed to dabble into politics and be a contestant in a primary election without first resigning from office as clearly spelt out in both the Electoral Act 2022 and the 1999 Constitution as amended. So today it is not only a victory for Francis Ottah Agbo and PDP but a victory for democracy and the rule of law.”
The Honourable Member extended the Olive Branch to his opponents, saying they should take the development as an act of God and have faith, knowing that it is only God that gives power.
He said, “Like I have always said, I have no human enemies to fight. My enemies are poverty and underdevelopment. So let’s join hands to improve the lot of our people by ensuring continuity in our constituency..”
The Abuja division of the Court of Appeal had declared him as the validly nominated candidate of the Peoples Democratic Party (PDP) for the Ado/Okpokwu/Ogbadibo Federal Constituency of Benue State.
In a unanimous judgment, a three-member panel of the appellate court held that Ms Aida Ogwuche who was declared winner of the PDP primaries by the Independent National Electoral Commission, (INEC) was still a staff of the Federal Inland Revenue Services (FIRS) at the time of the election.
Agbo, who doubles as chairman of the House Committee on Narcotics and Drugs came second at the disputed primary election.
Consequently, the court ordered INEC to immediately withdraw the certificate of return issued to her and issued same to Agbo as the validly nominated candidate of the party for the federal seat.
Justice B.I Gafai who led the panel of justices said Ogwuche ought to have resigned her employment from the service before contesting in the primary election of the PDP.
“The decision of the lower court recognising the participation and election of the first respondent in the election is illegal and unlawful.”
The judge relied on Section 66 (I) (f) of the 1999 Constitution to declare Ogwuche’s election as unlawful and invalid.
The Federal High Court sitting in Makurdi had on November 11, 2022 declared Ogwuche as the duly elected candidate of the PDP for the Ado/Okpokwu/Ogbadibo Federal Constituency.
Agbo had approached the trial court for an order for an order disqualifying Ogwuche’s candidacy on the grounds that she did not resign her appointment before contesting the election.