Anambra election tribunal dismisses Obidigbo’s petition
The Anambra State governorship election tribunal has
dismissed the petition filed by an aspirant of the All Progressives Grand
Alliance, APGA, Dr Chike Obidigbo, to be joined in the petition.
In a ruling in Awka on Tuesday, the Chairman of the
tribunal, Justice Ishaq Bello, said Obidigbo could not be joined in the
petition in the spirit of the Electoral Act.
He said Obidigbo had no business in the tribunal.
Obidigbo had filed a petition against Chief Willie Obiano,
the candidate of APGA, who was declared winner of the election by the
Independent National Electoral Commission, INEC.
He also sought to be joined in the petitions filed by the
All Progressives Congress, APC, candidate, Sen. Chris Ngige, and Mr Tony Nwoye
of the Peoples Democratic Party, PDP, claiming that he was the rightful
candidate of APGA.
Justice Bello said it was the view of the tribunal that the
applicant was not known to be a party in the election and could not statutorily
be joined in the petition.
He said that law did not provide for a ceremonial respondent
in an election petition as a party must be connected with the election.
``In the prevailing case, the applicant has a mistaken
belief that he has a case. The applicant is not found anywhere in the body of
the petition. Continuing with the application will amount to dragging the
tribunal into intra party dispute in which the tribunal has no jurisdiction,’’
he said.
The tribunal also ruled on the application by the counsel to
INEC for many paragraphs in the petition filed by Nwoye to be struck out on the
grounds that they were irrelevant to the main petition.
The paragraphs included the issue of alleged multiple
registration by Obiano and the issue of non qualification due to the alleged
multiple registration.
The others are the allegation against security agencies and
APGA officials accused of facilitating the victory of Obiano and allegation of
criminality against some unnamed persons.
In the ruling by Justice Akintola Akiniji, the tribunal
observed that while it was not proper to strike out all the paragraphs as
demanded by the INEC counsel, there were some that were pre- election matters
and therefore had no reason to remain in the petition.
He said even if the allegation of multiple registration was
proved, it was not one of the bases for the qualification of a candidate to
stand for an election.
“Double or multiple registration is a criminal offence and
there is no proof that Obiano has been charged to any court and anybody who has
a case against him on that should file a case in the court which has to issue
an order against him,’’ Akiniji said.
He said that the allegation of supplying false information
to INEC was not enough to disqualify a candidate, adding that there must be a
court order expressly disqualifying the candidate.
According to him, the Electoral Act, as amended, stipulates
that it is the court that can entertain such a matter and that should be done
before the election is held.
Akiniji said the failure of the petitioner to name the
agents accused of working for INEC also did a fatal blow to the petition, just
as the petitioner did not state how INEC conducted the election in all the
polling units in Anambra.
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