The petitioner, among other things, argued that all the votes that were credited to the PDP candidate, amounted to wasted votes.
He told the tribunal that contrary to the express provision of the Electoral Act, the PDP, conducted its primary election in a venue that was outside the constituency.
In its judgement, the tribunal stressed that documentary and oral evidence that was laid before it, established that the primary election the PDP conducted on May 25, 2022, which produced Ugochinyere as its candidate, was held at Aladinma Shopping Mall, a location that was outside Ideato North/South Federal Constituency.
Relying on the provision of section 84 (5) (c)of the Electoral Act 2022, the tribunal held that PDP’s primary election was invalid.
It held that a valid candidate could not have emerged from an invalid primary election.
“Failure of the 3rd respondent (PDP) to abide by the sacrosanct provision of the Electoral Act invalidated its sponsorship of the 2nd respondent,” Justice Akpovi held.
The tribunal maintained that for a primary election to be valid, it must be done in compliance with section 29 (1) of the Electoral Act.
It held that in view of the fact that Ugochinyere was not validly nominated, he was, therefore, not qualified as at the time the House of Reps election held.
More so, the tribunal held that owing to the principle of margin of lead, candidate of the LP, Chigozie, could but be declared the winner of the seat, since INEC admitted that it could not hold election in 55 polling units in the constituency, owing to activities of unknown gunmen.
It, therefore, directed INEC to conduct supplementary poll in the remaining polling units with a the parties participating, except the PDP.
Other members of the panel that concurred with the lead judgement, were; Justices Usman Kudu and Ibrahim Mohammed.