How Section 115 Of The 2022 Electoral Act Disqualified Gov. Dave Umahi From Contesting 2023 Election

By virtues of the Friday judgement of the federal high court sitting in Abakaliki, Ebonyi state, Governor Dave Umahi will not be having his name on the ballot in the 2023 general election.

The governor who will be completing his second term in office by May 29 had attempted to vie for ticket of his party, the All Progressive Congress so as to contest the 2023 presidential election but he was roundly defeated by Asiwaju Bola Ahmed Tinubu.

After the APC presidential Primary, Umahi picked a senatorial ticket in what was described as a shambolic party primary in the state. 

His brother, Austin had initially picked the ticket but later stepped down for the governor. According to the report, the decision raised a controversy within the state as party members insisted that the governor cannot be senatorial Candidate without participating in the primary election.

Another election was organised and Umahi contested and won the ticket.

The first runner up in the primary, consequently charged the governor to court where he was later disqualified on Friday.

According to justice Fatun Riman while delivering the judgement, section 115 of the Electoral Act 2022  says the governor was not an aspirant and cannot participate in the election or pre-election matters of the All Progressives Congress as regards the Ebonyi South zone, whose primary held on the 28th day of May, 2022.

Going by the stance of the above section of the new Electoral Act, the governor neither procured forms for, nor participated in the election and cannot claim any right based on the primary election.

Similarly, the electoral act does not permit a person to participate twice in a party primary election. Dave Umahi had participated in APC presidential primary election and also contested in the same party Senatorial Primary election. 

The action by the governor is contrary to the provision of the new Electoral Act.

It is on this basis the governor was disqualified on Friday. Hence, he will not be participating in the 2023 general election.