Get Guardian on GoogleJustice Mohammed Garuba Umar of the Federal High Court in Abuja has sacked Hon Onyeagucha Uchechukwu as the Senatorial candidate of the Nigeria Democratic Congress (NDC) for Imo East senatorial district of Imo State.
In his place, the Judge ordered the party and the Independent National Electoral Commission INEC to recognize and accept Uche Nwole as the lawfully nominated candidate of the party for the 2027 general election.
In a judgment in Abuja, the Court also ordered INEC to immediately publish the name of Uche Nwole as done for candidates of other political parties for January 16, 2027 election.
Justice Umar in the judgment said that the court was satisfied that the plaintiff, Nwole, was the bona fide winner of a primary election conducted by the party, which it noted was duly monitored by INEC.
He held that, in view of Sections 84(1) and (2) and 86 of the Electoral Act 2026, the NDC ought to have nominated and forwarded the plaintiff’s name to the electoral body as its senatorial candidate.
According to the court, the NDC could not lawfully nominate a consensus candidate other than the one who emerged from the INEC-monitored primary election.
Consequently, aside from issuing an order of perpetual injunction restraining the party from nominating or submitting any other name for the election, the court barred INEC from accepting, listing or publishing any purported NDC candidate who allegedly emerged from a primary election that was never held or monitored by the commission, or any purported consensus candidate whose nomination breached Sections 87(1) and (3) of the Electoral Act 2026.
The judgment followed a suit with number FHC/ABJ/CS/1225/2026, in which the NDC, INEC and Hon. Onyeagucha Uchechukwu were the 1st to 3rd defendants.
The plaintiff alleged that although he secured the highest number of valid votes cast in the primary election, the party sidelined him and chose the 3rd defendant as its flag bearer for the senatorial poll.
Justice Umar said that, after careful examination of all the evidence adduced in the matter, he was satisfied that the plaintiff’s case deserved to succeed. He therefore granted all seven principal reliefs the plaintiff sought.
Among other things, the court held: “A declaration is made that, upon the construction of the clear, unambiguous and express provisions, spirit and tenor of Sections 84(1) and (2) and 86 of the Electoral Act 2026, the 1st Defendant duly conducted primary elections, which were duly monitored by the 2nd Defendant, for all aspirants seeking to be nominated as the candidate of the party to contest the elective position of Senator representing Imo East Senatorial District in the 2027 general election.
“A declaration is made that, upon a careful construction and interpretation of Section 87(1), (2) and (3) of the Electoral Act 2026, the 1st Defendant, having conducted a primary election in accordance with Sections 84(1) and (2) and 86 of the Electoral Act, cannot lawfully nominate a consensus candidate to contest the office of Senator representing Imo East Senatorial District in the 2027 general election.
“A declaration is made that the Nigeria Democratic Congress (NDC), being a body established by law, must at all times obey its constitution; respect, observe and implement its own guidelines, rules and regulations; and comply with the provisions of the Electoral Act and the Constitution of the Federal Republic of Nigeria 1999 (as amended) in all its programmes and activities.
“An order is granted mandating the 1st Defendant to immediately forward the Plaintiff’s name to the 2nd Defendant as its duly elected candidate, who emerged from the primary election monitored by the 2nd Defendant and conducted in accordance with Sections 84(1) and (2) and 86 of the Electoral Act 2026, to contest the office of Senator representing Imo East Senatorial District in the 2027 general election.
“An order of perpetual injunction is granted restraining the 1st Defendant from nominating or submitting any name other than the Plaintiff’s, and restraining, barring and prohibiting the 2nd Defendant from accepting, listing and publishing in the final list of candidates any purported candidate from the 1st Defendant who magically emerged from a purported primary election that was never held and never monitored by the 2nd Defendant, or any purported consensus candidate presented by the 1st Defendant whose nomination breached the law and does not comply with the express provisions of Sections 87(1) and (3) of the Electoral Act 2026, to contest the office of Senator representing Imo East Senatorial District in the 2027 general election.”
