The Independent National Electoral Commission (INEC) will today conduct bye-elections in 26 states.
In Imo State where the cancelled gubernatorial poll will hold, Senator Ifeanyi Ararume who was expelled by the Peoples Democratic Party (PDP) has been affirmed by a Federal High Court, Abuja as the PDP gubernatorial candidate in the state.
By the judgment of Justice Babs Kuewumi, the move by the party to reintroduce Engineer Charles Ugwuh into the race at the expense of Ararume failed.
Justice Kuewumi also dismissed the suit of the APGA governorship candidate, Martins Agbaso asking the court to throw out the duo in the race and compel INEC to complete the election.
He said that the Supreme Court remained the final court of appeal and any decision by him to overrule the appellate court would be a bad one.
At the hearing of the applications and substantive matters on Thursday, counsel in the suits rationalised the reason the court should allow their clients to contest the election.
Counsel to Ugwuh, Adetokunbo Kayode (SAN) argued that Senator Ararume having been expelled from the party had lost his sponsorship and said that it was indisputable that the Supreme Court was in favour of Ararume but with the present status of the former candidate, he cannot benefit from it again.
He said that INEC could not reject the recent nomination of Ugwuh as its candidate since the election on which Ararume rested his aspiration held and was cancelled by the electoral body, adding that Ugwuh�s nomination was valid in the face of Section 122 of the 1999 Constitution.
He said that the decision in the judgment of the apex court was hinged on the right of Ararume to contest April 14th election and since it was cancelled, the only remedy for Ararume was to claim damages.
Kayode argued that assuming after the judgment was delivered and it was discovered that the plaintiff was six years or insane or even decided to change his nationality, it would be wrong to say that he could contest again based on the judgment of the Supreme Court in his favour.
According to him, he has been expelled from the party. He has no right to contest and the combined effect of Sections 137 and 177 of the 1999 Constitution is that the relationship between him and the party has ended and he has lost the party�s sponsorship.
�I urge the court to hold that Ararume has ceased to be a member of PDP, lost his sponsorship and cannot force the party to sponsor him. I also urge the court to hold that Ugwuh is now the governorship candidate of the party in Imo state.�
Apr282007