The Supreme Court on Tuesday rejected a case brought before it by Joe Ojobo (against Abba Moro) over the outcome of the October 2018 senatorial primary election of the Peoples Democratic Party (PDP) in Benue South.
Honourable Ojobo had gone to the court to challenge the declaration of Comrade Moro, winner of the primary election.
In a unanimous decision, the five-member panel of judges led by Justice Bode Rhodes Vivour dismisses the petition for lacking in substance and upholds the decisions the court of the first instance and the appellate court.
Justice Amina Augie, who read the judgement of the court went through the main points of the judgement from the High Court and holds that the appellant was not declared winner after the primaries of October 4 (2018) because the margin of lead which stood at 50 votes was less than the number of delegates from the three local government areas that didn’t vote (358).
She affirms that INEC monitored both the inconclusive primaries of October 4th and the concluding part of October 7th which conferred legitimacy on them both.
Justice Augie further states that section 87 (4) (c) of the electoral act says, “at the end of voting” and so voting was not concluded on October 4th.
She says there’s nowhere in the electoral act where it is stated that a primary election must be held in one fell swoop.
She dismisses the appeal and says details of the judgement will be made available on a later date.