The Abakaliki Division of the Federal High Court on Friday struck out a suit by Governor David Umahi seeking to be recognised as the Ebonyi South senatorial district candidate of the All Progressive Congress(APC).

The court held the APC erred in conducting another primary with including the name of the runner-up in the first primary.

The Governor, through his Counsel, Roy Nweze Umahi, had dragged the Independent National Electoral Commission(INEC) to the Federal High Court in Abakaliki, to compel the commission to recognize the governor as the authentic candidate for Ebonyi South senatorial District.

But Princess Agom-Eze, on Tuesday, approached the court and urged it not to recognize Governor Umahi’s Senatorial bid.

Umahi’s Counsel argued that the Governor’s name should be recognized by INEC, hence the winner of the Ebonyi South Senatorial primary election which took place at Afikpo North Local Government Area, in the state had withdrawn.

Austin Umahi (the governor’s younger brother), the winner of the May 28 primary had withdrawn at the 2nd primary election conducted on June 9, 2022, wherein the governor was reported to have won unopposed.

INEC had left the position vacant when it pasted names of National Assembly candidates last month.

The court, in its ruling, disagreed with Umahi’s submissions.

Justice Fatun Riman agreed that INEC was right in rejecting the governor’s name as candidate of the party.

It held that APC cannot conduct a valid second primary without including the name of Mrs Ann Agom Eze who placed second in the first primary.

The court further urged the party to conduct another primary election within 14 days.