Justice Nkeonye Evelyn Maha, of the Federal High Court Abuja, has dismissed a suit filed by Cecilia Odey against Cross River State Governor and the All Progressives Congress, APC, Senatorial Candidate for Northern Cross River in the 2023 elections, Ben Ayade.
Odey participated in the May 28 2022 Cross River State Northern Senatorial District primary election of the APC which she lost to Martins Orim.
She later filed a suit challenging the fresh primary election which the APC conducted on 14 July 2022 following the voluntary withdrawal of Martins Orim for Governor Ayade.
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The court while dismissing the case of the plaintiff said her claim was not in compliance with provisions of the Electoral Act, the APC guidelines and constitution of the Federal Republic of Nigeria and can not be proven by any material fact.
It further declined to accept the argument that the fresh primary was a rerun election and not bye election.
The court also said the requirement of giving notice as contemplated under the Electoral Act is not to notify the plaintiff, but INEC.
Editor: Oloyede Oworu
