• By Kunle Awosiyan
    In
    May 11, 2016
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    Stella Oduah

    The Federal High Court in Abuja today upheld the election of Stella A. Oduah as the Senator representing Anambra North Senatorial District.

    The senator representing Anambra Senatorial District,Stella Odua  won the case challenging her candidature for the March 28th 2015 election.  

    This followed the decision of Justice Adeniyi Ademola striking out the legal action instituted by the Margery Okadigbo, challenging the primary election that produced Oduah as the candidate of the People's Democratic Party ( PDP ) in the 2015 Senatorial election.

    Delivering judgement in the legal action, Justice Ademola held that Section 31 of the Electoral Act, 2010 and 251 of the 1999 Constitution are categorical and unambiguous to the effect that the primary election is an internal affairs of a political party and should not be enquired into any court of law.

    The Judge held that he had carefully studied the case of Senator Okadigbo and found that there was no dispute in the fact that the issue in contention was the PDP Primary election of December 7, 2014, conducted by Mr. Simon Izuora and which produced Oduah as the candidate of the Party for the Anambra North.

    Justice Ademola further held that since the law is emphatic that no court should enquire into any primary election of a political party, any attempt to go beyond that level will amount to an exercise in futility.

    He therefore upheld the preliminary objection raised by PDP against the case of Senator Okadigbo and consequently struck out the case on the ground that his court has no jurisdiction to entertain the suit. Okadigbo had in 2014, filed the court action to challenge the Anambra North Senatorial Primary Election, claiming that having scored the highest number of votes at the election, she should be automatically declared the candidate of the Party for the 2015 general election.

    Among others, Senator Okadigbo prayed the court for an order to compel PDP to submit her name to INEC as the authentic candidate of the party for the District. She also prayed the court for an order, restraining INEC from accepting any other name other than her own as the candidate of the Party. However, none of the relifes was granted as the court held that it has no power to grant the reliefs.

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