Rep Sam Onuigbo

By Leonard Okachie

A Federal High Court in Umuahia, Abia, on Tuesday, dismissed the  suit filed by Rep Sam Onuigbo, as the winner of the All Progressive Congress (APC) Abia Central Senatorial district primary election.

Onuigbo, member representing Ikwuano/Umuahia N/S Federal Constituency had sued the APC, the Independent National Electoral Commission (INEC) and Hon  Emeka Atuma as 1st, 2nd and 3rd defendants respectively over alleged substitution of his name with another name.


Hon Emeka Atuma


The News Agency of Nigeria (NAN) reports that the suit marked FHC/ABJ/UM/CS/113/2022, was filed on Onuigbo’s behalf before Justice Evelyn Anyadike,  by his counsel, Chief Emeka Obegolu, SAN.

Onuigbo prayed the court  to restrain the APC from substituting his name for the 2023 election.

He also prayed the court to mandate  the APC and INEC to immediately include his name as the candidate of the party after he emerged as the winner of primary election held between May 28 and May 29.

Delivering judgment, Justice  Anyadike held that the primary election conducted on May 28 and May 29, was inconclusive.

She said that plaintiff tendered a result of the alleged election he purportedly won and signed by one Daniel Shuwan, who was only a member of the committee.

Anyadike said that it was unlawful for a member of the committee to purportedly signed  a document meant for the chairman and secretary.

The court held that the same Shuwan swore to an affidavit that the primary election was rescheduled  after May 28 and was eventually conducted on June 7, in which Atuma was declared the winner.

She said that the report by INEC was that of an election that was conducted on May 28, whereas there was no result for  May 29, wherein he claimed it was concluded.

The presiding judge said that the exhibit tendered by the defendant showed that Mr Izuchukwu Okeke, who was the chairman of the electoral committee, his secretary and Shuwan all signed the June 7 result sheet.

The judge said that the plaintiff was unable to prove the burden of proof that he won the primary election.

“This case has failed like a pack of cards and is hereby dismissed,” she said.

 However, the judged did not order INEC to upload the name of any candidate.

Counsel to the plaintiff in the originating summons, had argued among others, that Atuma was only an aspirant in the Abia APC governorship election but not did not participate in the senatorial primary.

He contended that Onuigbo contested against Chief Henry Ikoh and  won in an election that was conducted by the APC electoral committee and duly monitored by INEC.

However, the counsel to APC, Prof. Sam Erugo, SAN, urged the court to dismiss the suit for lacking in merit.

He had claimed that the party conducted another election in which Atuma emerged the winner on June 7, after the one held between May 28 and May 29 was declared inconclusive.

Erugo had contended that Atuma polled 200 votes against Onuigbo in the June 7 election that was conducted by the party’s  national electoral committee.

The defence counsel  also queried the fact   that the plaintiff presented a result sheet for May 28, for an election that was purportedly concluded on May 29 and which was not signed by the committee chairman and secretary.

Reacting, Atuma, a former member of the House of Representatives, hailed the court judgment, saying that justice had prevailed at last.

Atuma, who described Onuigbo as his brother, being that both are from Ikwuano Local Government Area, urged him to joined hands with him in working for the good of the people.


Also reacting, Onuigbo said that he would study the judgment with his lawyer after which he would appeal

NAN