Federal High Court in Abuja has nullified the election of Dennis Amadi, representing Udi/Ezeagu Federal Constituency of Enugu State in the House of Representatives.
In a judgment on Friday, Justice Okon Abang held that Amadi was not the valid candidate of the Peoples Democratic Party (PDP) for the 2015 election because he was not elected through a credible primary.
The judgment was on a pre-election suit filed before last year’s general elections by Ogbuefi Ozomgbachi. The suit had Amadi, PDP and the Independent National Electoral Commission (INEC) as the first, second and third defendants.
Justice Abang held that the purported primary election of the PDP, from which Amadi emerged, was “illegal, null and void” because it was held in violation of the party’s guidelines.
The judge further held that the party’s primary on December 6, 2014, was valid.
He pronounced Ozomgbachi the winner of the primary.
Justice Abang ordered INEC to immediately withdraw the Certificate of Return issued to Amadi and issue a valid Certificate of Return to Ozomgbachi for him to assume the position as the representative of Ude/Ezeagu Federal Constituency of Enugu State.
The judge ordered Amadi to vacate his seat with immediate effect and refund his earnings while he occupied the seat “illegally”.
Justice Abang said: “After a careful reading of the submissions of counsel in the suit, I note that the election of the plaintiff was conducted at the designated venue for the Udi/Ezeagu Federal Constituency of Enugu State.
“The plaintiff has shown that the duly appointed electoral officers were present and declared him winner.
“I find merit in his request to uphold his election and, therefore, hold that he be declared the authentic winner of the primariy held on December 6, 2014, having duly satisfied the party’s guidelines for elections in 2014.
“Dennis Amadi, who is the first defendant in this suit, shall also return all the money collected by way of salaries, allowances or whatsoever since when he took the seat.”
The judge awarded N100,000 cost against Amadi.