Appeal Court Upholds Saraki’s Election

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Justice John Ikwegh who read the judgment, dismissed the appeal filled by Peoples Democratic Party (PDP) candidate in the election, Alhaji Abdulrahman Abdulrazaq, challenging the electoral victory of Saraki of the All Progressives Congress (APC).
Abdulrazaq has filed a petition at the National Assembly Petition Tribunal, challenging the election of Saraki.

The tribunal in its judgment, had dismissed the petition on the grounds that it was filed out of time as stipulated by 2010 Electoral Act.
Dissatisfied with the tribunal, the PDP candidate filed an 11-ground appeal before Court of Appeal.

Delivering the judgment, Justice Ikwegh said the petitioner and PDP candidate failed to prove all the grounds beyond reasonable doubt.
He affirmed the tribunal’s judgment that upheld the election of Saraki as duly elected in substantial compliance with electoral laws.

While Saraki was lucky, Senators Mao Ohuabunwa and George Sekibo who represented Abia North and Rivers East senatorial districts on the platform of the PDP have their victories nullified.

In Ohuabunwa’s case, the Appeal Court sitting in Owerri, the Imo State capital, nullified his election and ordered a rerun election within 90 days.

Former Governor of Abia State and candidate of the Progressive Peoples Alliance (PPA) in that election, Dr. Orji Uzor Kalu, had challenged the result of the Abia North senatorial poll, alleging unprecedented irregularities.

Accordingly, Justice I. G. Mbaba directed the Independent National Electoral Commission (INEC) to conduct a fresh election to determine the authentic winner because the initial process was fundamentally flawed in all respective matters concerning the exercise, pointing out that the tribunal on Abia North senatorial district poll erred in its verdict by upholding Ohuabunwa’s election.

For Sekibo, the Court of Appeal sitting in Abuja also nullified his election.

The court held that it was for the respondents - Sekibo, his party, the PDP, and (INEC - who claimed that election actually held, to lead evidence to prove that election held in compliance with the Electoral Act.
The appellate court ordered that a fresh election be held in the senatorial district.

Also yesterday the court annulled the elections of Kingsley Ogundu Chindah and Blessing Nsiegbe of the PDP representing Obio/Akpo federal constituency and Port-Harcourt 2 federal constituency of Rivers State..

In the three judgments, the Justice Ali Gumel -led three- man panel upheld appeal filed for the appellants by their lawyer, B. E. I. Nwofor (SAN).

The appellate court, in a judgment on an appeal by Andrew Ibonule Uchendu and his party, the APC, upheld the appeal and upturned the decision of the Rivers State National Assembly Election Petition Tribunal that sat in Abuja earlier this year.

The tribunal had held that the APC candidate failed to prove his case that election did not hold as alleged.
The court was yet to deliver three other House of Representatives judgments scheduled to be delivered yesterday as at when filing this report around 8p.m yesterday.

They include the appeal filed by Ogbonna Nwuke against Jerome Amadi Eke (Etche/Omuonu Federal Constituency); Maureen Tamuno against Gogo Bright Tamuno (Okrika/Ogubolu) and Frank Chudi Wihioka against Boniface Emerengwa (Ikwere/Emuoha).

Source: This Day