Court of Appeal affirms election of Gov. Okowa
(Nigeria) The Court of Appeal sitting in Abuja on Thursday
affirmed the election of Sen. Ifeanyi Okowa of the Peoples Democratic Party, PDP, as the duly elected governor of Delta in the April 11 election.
The appellate court panel of five Judges presided over by
Justice Uwani Abba-Aji dismissed the appeal of the Labour Party and its
governorship candidate, Great Ogboru, for lacking in merit.
In a separate judgment, the court also dismissed another
appeal filed by the All Progressives Congress, APC and its candidate, Olorogun
O'tega Emerhor.
The court held that the Governorship Election Petitions
Tribunal for Delta was right in dismissing the respective petitions of Ogboru
and Emerhor against the election of Okowa in its separate judgments.
The appellate court held that cross appeal filed by Okowa
asking for his declaration as the validly elected governor by majority of the
votes cast in the April 11election succeeded.
The court held that both Ogboru and Emerhor failed to
substantiate the allegations of non-compliance with the provisions of the
Electoral Act in the conduct of the election.
Specifically, the court held that Ogboru failed to prove the
allegation that the figure of the declared result in the election was higher
than the number of accredited voters.
``The appellant fails to prove the allegation of corrupt
practices against the electoral umpire,’’ Abba-Aji said.
Ogboru and Emerhor had filed the respective appeals seeking
to upturn the decisions of the tribunal, which had upheld the election of the
governor.
The appellate court panel had sat on the respective appeal
in Benin and had, at its last sitting on December 17, reserved judgment in the
appeals to a date to be communicated to the parties.
The President of the Court of Appeal, Justice Zainab
Bulkachuwa, had, however, moved the sitting of the panel to Abuja, though no
reason was given for the decision.
Meanwhile, the APC candidate has said that he is not
satisfied with the decision of the appellate court and will consult his team of
lawyers on the next line of action.
In the mean time, the South-South Deputy Chairman of the
PDP, Cairo Ojuogbo, has hailed the decision of the panel of judges.
Ojuogbo, who spoke to newsmen after the judgment, said that
the decision was ``well thought-out’’.
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