Photo: Rep Francis Agbo
The fate of Mr Francis Agbo, seeking to return as member representing Ado/Okpokwu/Ogbadibo Federal Constituency of Benue hangs in the balance as the Supreme Court is set to deliver judgment on Feb. 22. in an appeal brought to it by his challenger for the seat, Mrs Aida Ogwuche.
Both parties are laying claim to the House of Representatives ticket of the People’s Democratic Party (PDP), of the Constituency following the party’s primary elections conducted last year.
The Apex Court presided by Justice Inyang Okoro announced the date after taking arguments from the counsel of the parties involved.
Ogwuche, represented by Adegboyega Awomolo SAN, in her submission pleaded with the court to return her as the PDP’S candidate.
Awomolo urged the apex court to give proper interpretation to Section 66 (I) (f) of the 1999 Constitution as it relates to elections being conducted by the Independent National Electoral Commission (INEC).
Agbo, in his submission, however, asked the court to dismiss the appeal for want of merit.
Represented by a former Attorney General of the Federation (AGF), Kanu Agabi SAN, Agbo insisted that Ogwuche violated the law by refusing to resign from FIRS where she was working at the time she stood for the primary election.
The Court of Appeal in Abuja had earlier on January 13 voided the nomination of Ogwuche and declared Agbo as the validly nominated candidate of the party.
The appellate court held that 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 is currently the Chairman of the House Committee on Narcotics and Drugs, came second in the disputed primary election held in May 2022.
The Federal High Court in Makurdi had on Nov. 11, 2022, declared Ogwuche as the duly nominated candidate of the PDP for the constituency.
Having found that Ogwuche did not resign her appointment with FIRS, the Court of Appeal ordered INEC to immediately withdraw the certificate of return issued to her and re-issue same to Agbo as the validly nominated candidate of the party for the seat.
The Appeal Court therefore upturned the decision of the Federal High court Court on the ground that Ogwuche ought to have resigned her employment from the service before contesting in the primary election of the PDP.
The panel relied on Section 66 (I) (f) of the 1999 Constitution to declare Ogwuche’s election as unlawful and invalid.
