I congratulate Mr. Ned Nwoko on his victory at the Federal High Court on the 4th of March 2019. But the victory is merely academic.
He cannot however become a Senator on the strength of a general election in which he did not participate.
In the same vein, Chief Victor Ochei cannot become Governor of Delta State merely because the Federal High Court had nullified the nomination of Chief Ogboru, on the ground of flawed Primary election within his party, the APC.
For those who have forgotten, the Federal High Court, Asaba, Delta State nullified the gubernatorial primary of the APC held on September 30, 2018 which produced Great Ogboru as the party’s candidate for the 2019 governorship election.
The nullification followed a suit filed by Victor Ochei, who was dis- satisfied with the conduct of the primaries and had approached the court seeking cancellation of the exercise.
Gone are the days when an aspirant within a party, who was not presented by the party at the General election, would incarnate as the office holder even when he did not participate at the election.
Section 285 (13) of the constitution, (4th alteration) was inserted to eliminate the Amaechi miracle, which saw the former governor of River State , take office when he was not the candidate of the party at the general election.
Now that the law has changed, the only person who can benefit from the nullification of a party primary is the candidate of a rival party.
For instance the PDP candidate in Delta Central Senatorial District can successfully oust Sen. Omo Agege on the ground that he a was not qualified to contest the general election, since the Senatorial Primary of the APC which produced him was conducted by an incompetent party executive.
In the case of Delta Central Senatorial District as described above, the victory of the wrongly nominated candidate can only be set aside in favour of a candidate of a rival political party.
Similarly, Sen. Peter Nwaoboshi is only endangered by Ned Nwoko's victory, if his rival at the general election from a different political party, pleads the facts and leads evidence that the winner of the general election was wrongly nominated, which will render votes accredited to him( the winner), unlawful.
In that scenario, the candidate who has the highest number of lawful votes cast, becomes the office holder.
Once again I congratulate those who won the academic court judgments.
This is a lesson in democracy.
By Barr. Ewere Odiase
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