The Supreme Court has sacked the candidates of the Peoples Democratic Party (PDP) in Imo West and East Senatorial Districts of the state.
In two judgments on Friday, a five-member panel of the court held that the primaries from which the candidates emerged were unlawfully held outside the Senatorial Districts.
Justice Emmanuel Agim, who read the judgments, held that the PDP violated the provision of the Electoral Act which provides that legislative primary elections must be held in the senatorial district or the headquarters of the constituency concerned.
Justice Agim faulted the contention by the party that the decision to hold the primary in Owerri was agreed to by a majority of its members, who expressed concern about security.
The judge held that it was unlawful for a majority of the members of the party to agree to violate the provision of a statute.
“You cannot agree to violate or act against the provision of the statute. That is against the principle of rule of law,” Justice Agim said.
The judgments were on the appeals marked: SC/CV/1440/2022 filed by Jerry Alagboso against the Independent National Electoral Commission (INEC) and two others, and SC/CV/1441/2022 filed by Nnamdi Thankgod Ezeani against Jones Onyereri and another.
Justice Agim observed that with the judgment, the PDP will not have candidates for the affected districts in next month’s Senatorial election having failed to validly produce its candidates within the time allowed by law.
Justice Agim noted that since the period for conducting of the primary election to nominate candidates was over, it is deemed that the party would not have a candidate in the February 25 National Assembly election.
Justice Agim warned political parties to always conduct their affairs within the ambit of the law.
