A-Court declares Otti gov of Abia, nullifies Ikpeazu’s election
(Nigeria) The Abia State Governorship Election Appeal
Tribunal sitting in Owerri, Imo State has declared Dr Alex Otti of the All
Progressives Grand Alliance, APGA, the winner of the April 11 and April 25 supplementary
elections in the state.
The appellate court nullified the election Governor Okozie Ikpeazu
of Abia State.
The five-member panel, headed by Justice Oyebisi Omoleye,
annulled the elections on the grounds of substantial non-compliance to the
electoral law.
Delivering judgment in an appeal filed by Otti, the court
said that the APGA candidate scored 164, 444 valid votes to defeat Ikpeazu who
scored 114, 444 votes.
The court declared that Otti was the winner of the April 11
and April 25 supplementary elections in Abia.
Omoleye said that the cancellation of the elections held in
three LGAs of Obingwa, Osisioma Ngwa and Isiala Ngwa by the returning officers
after the results were uploaded to INEC was wrong.
``In the Electoral Act, the Returning Officer has the right
to only declare results of elections and not to cancel elections.
``This panel discovered that the earlier results uploaded to
Independent National Election Commission, INEC headquarters correspond with the
correct valid registered voters in the three LGAs, while that awarded to the
respondent shows over voting and therefore null and void.’’
Omoleye had while reviewing preliminary objections and
issues raised by both parties, struck out the preliminary objections by
Ikpeazu’s counsel to the effect that the appeal lacked merit.
She also turned down the objection raised by the PDP that
the members of the panel were wrongfully constituted and affirmed the arguments
of Otti’s counsel.
The appellate court maintained that the lower tribunal erred
by not handling all the issues raised before it on their merit.
``It was wrong for the court below to insist that because
the appellant failed to appear in person, his matter will not be given due
attention. For not appearing in person, the first appellant did not abandon his
case,’’ she said.
After nullifying the election, the court insisted that there
was no need to call for re-run because the results of the April 11 and 25 poll,
clearly present Otti as the genuine winner of the exercise.
The court therefore directed INEC to issue Certificate of
Return to Otti and swear him in as winner of the Abia Governorship election.
In his reaction to the judgment, Mr Oracle Nwali, a lawyer
in Otti’s legal team, described the victory as ``an end of the year gift to
APGA,’’ saying Otti would not disappoint Abia people.
On his part, Mr Charles Esonu, the PDP scribe in Abia State,
said that party and its candidate would study the judgment and decide on the
next line of action.
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