The Court of Appeals declared Francis Ota Ogbo the candidate of the Peoples Democratic Party (PDP) to be validly nominated for Ado/Okpokwu/Ogbadibo federal constituency in Benue State.
Judge B Gavai of the Abuja Division issued a unanimous three-member decision.
The Independent National Electoral Commission (INEC) declared Ms. Aida Oguchi the winner of the primary.
Delivering its ruling on Thursday, the court said she was still an employee of the federal Internal Revenue Service (FIRS) at the time of the election.
The committee ordered INEC to withdraw its return certificate and issue a new certificate to Agbo, who came second.
Judge Gavai noted that Oguchi should have resigned from FIRS before competing,
He said, “The decision of the lower court to recognize the participation and election of the first defendant in the elections is illegal and illegal.”
The judge cited Section 66(1)(f) of the 1999 Constitution in declaring Ogwoce’s election illegal and invalid.
The Federal High Court in Makurdi declared Oguchi as the duly elected candidate of the People’s Democratic Party on November 11, 2022.
Agbo then applied to the Court of Appeal to order Ogwoch’s disqualification on the grounds that she objected while at FIRS.
The deputy is currently the chairman of the House Narcotics and Narcotics Committee.
Ogwuche wins Benue PDP Rep ticket as FIRS staff – court declares Agbo nominee