Supreme Court upholds Okezie Ikpeazu's election as Abia governor
Thu Feb 04, 2016 10:22:am Politics
5.3K By sosa hills
The election of Governor Okezie Ikpeazu of Abia State was affirmed by the Supreme Court, yesterday, in Abuja. The petition of Alex Otti of All Progressives Grand Alliance (APGA) was dismissed as lacking in merit.
Delivering the lead judgement, Justice Suleiman Galadima restored Ikpeazu's victory, saying the appeal was meritorious. The apex court however reserved its reasons for the judgment till February 26.
It would be recalled that the Court of Appeal sitting in Owerri, Imo State, had declared Mr. Alex Otti of the All Progressive Grand Alliance (APGA) the winner of the April 11 governorship poll that held in the state.
But displeased by the appellate court's decision, the Peoples Democratic Party (PDP) filed an appeal at the Supreme Court challenging the decision of the Court of Appeal which declared Otti winner of the Abia State Governorship election.
In a notice of appeal filed on Monday, January 4, 2016, at the Supreme Court, PDP asked the apex court to set aside the judgment of the Court of Appeal which declared Otti the winner of the Abia State Governorship Election.
The party said that neither Otti nor his party, APGA called credible and cogent evidence in support of their petition challenging Ikpeazu's victory.
The appeal documents at the Supreme Court set out three grounds for the appeal.
Ground one: "The Learned Justices of the Court of Appeal erred in law when they nullified the election of the 3rd respondent (Ikpeazu).
"A party who seeks the relief of nullification of an election or other declaratory reliefs as the 1st and 2nd respondents (Otti and APGA respectively) in this case must succeed on the strength of his case.
"For such party to succeed him must call cogent and reliable evidence of witnesses in support of his claim or petition.
"In instant case where 1st and 2nd respondents sought nullification of votes obtained from Obingwa, Osisioma Ngwa and Isiala Ngwa North LGAs of Abia State, in relation to matters or events that took place at the polling units, they must produce evidence of eye witnesses who saw it all on the days of the election as well as tender primary unit results of documentary evidence in relation to the questioned local government areas."
Ground two: "That the 1st and 2nd respondents by their own volition admitted that they did not prove their case due to the insufficient time allotted them at the pre-hearing session.
"The Court of Appeal found as a fact (as did the Tribunal) that the State Returning Officer had no powers to cancel election results in Obingwa, Osisioma Ngwa and Isiala Ngwa North LGAs.
"There was no pleading that the number of accredited voters in the constitutional polling units in each of the said three local governments were more than the registered voters in the voter register."
Ground three: "The Learned Justices of the Court of Appeal erred in law when they neglected to apply the clear provisions of section 49, 52 (2), 138 (2) and 155 of the Electoral Act, 2010 (as amended) but relied solely on card reader accreditation as the basis for holding that there was over-voting and therefore cancelled the election in Obingwa, Osisioma Ngwa and Isiala Ngwa North LGAs in the 11th and 25th April, 2015 Abia State Governorship election."
The PDP is the appellant while Otti, APGA, Ikpeazu and INEC are 1st to 4th respondents respectively.
It would be recalled that the Governorship Election Appeal Tribunal sitting in Owerri, Imo State, had on December 31st nullified the election Governor Ikpeazu as the validly elected Governor of the state.
The court had also declared Otti of the All Progressives Grand Alliance, APGA, the winner of the April 11 and April 25 supplementary elections conducted in the state.
The five member panel, presided over by Justice Oyebisi Omoleye, annulled the election on the grounds of substantial non compliance with the electoral law.
Delivering judgment in an appeal filed by Otti, the court held 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 State.
Omoleye said that the cancellation of the elections held in three the Local Government Areas of Obingwa, Osisioma Ngwa and Isiala Ngwa by the returning officers after the results were uploaded to INEC was wrong.
According to Justice Omoleye, "In the Electoral Act, the Returning Officer has the right to only declare the results of elections and not to cancel elections. This panel discovered that the earlier results uploaded to 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.
"It was wrong for the court to insist that because the appellant failed to appear in person, his matter will not be given due attention.
Ikpeazu's victory was however greeted by heavy gunshots in Umuahia, the state capital last night.
Residents had curiously waited for the judgment until the news filtered in at about 10:02pm.
As soon as the news was broken, sounds of heavy gunshots, local canons and fireworks erupted from different parts of the state capital in celebration of the victory.
The gunshots believed to be fired by Ikpeazu's supporters who were celebrating his victory lasted into the night.
Some residents believed to be PDP supporters were seen celebrating the victory along Uwalaka Road shouting the party's slogan.
Delivering the lead judgement, Justice Suleiman Galadima restored Ikpeazu's victory, saying the appeal was meritorious. The apex court however reserved its reasons for the judgment till February 26.
It would be recalled that the Court of Appeal sitting in Owerri, Imo State, had declared Mr. Alex Otti of the All Progressive Grand Alliance (APGA) the winner of the April 11 governorship poll that held in the state.
But displeased by the appellate court's decision, the Peoples Democratic Party (PDP) filed an appeal at the Supreme Court challenging the decision of the Court of Appeal which declared Otti winner of the Abia State Governorship election.
In a notice of appeal filed on Monday, January 4, 2016, at the Supreme Court, PDP asked the apex court to set aside the judgment of the Court of Appeal which declared Otti the winner of the Abia State Governorship Election.
The party said that neither Otti nor his party, APGA called credible and cogent evidence in support of their petition challenging Ikpeazu's victory.
The appeal documents at the Supreme Court set out three grounds for the appeal.
Ground one: "The Learned Justices of the Court of Appeal erred in law when they nullified the election of the 3rd respondent (Ikpeazu).
"A party who seeks the relief of nullification of an election or other declaratory reliefs as the 1st and 2nd respondents (Otti and APGA respectively) in this case must succeed on the strength of his case.
"For such party to succeed him must call cogent and reliable evidence of witnesses in support of his claim or petition.
"In instant case where 1st and 2nd respondents sought nullification of votes obtained from Obingwa, Osisioma Ngwa and Isiala Ngwa North LGAs of Abia State, in relation to matters or events that took place at the polling units, they must produce evidence of eye witnesses who saw it all on the days of the election as well as tender primary unit results of documentary evidence in relation to the questioned local government areas."
Ground two: "That the 1st and 2nd respondents by their own volition admitted that they did not prove their case due to the insufficient time allotted them at the pre-hearing session.
"The Court of Appeal found as a fact (as did the Tribunal) that the State Returning Officer had no powers to cancel election results in Obingwa, Osisioma Ngwa and Isiala Ngwa North LGAs.
"There was no pleading that the number of accredited voters in the constitutional polling units in each of the said three local governments were more than the registered voters in the voter register."
Ground three: "The Learned Justices of the Court of Appeal erred in law when they neglected to apply the clear provisions of section 49, 52 (2), 138 (2) and 155 of the Electoral Act, 2010 (as amended) but relied solely on card reader accreditation as the basis for holding that there was over-voting and therefore cancelled the election in Obingwa, Osisioma Ngwa and Isiala Ngwa North LGAs in the 11th and 25th April, 2015 Abia State Governorship election."
The PDP is the appellant while Otti, APGA, Ikpeazu and INEC are 1st to 4th respondents respectively.
It would be recalled that the Governorship Election Appeal Tribunal sitting in Owerri, Imo State, had on December 31st nullified the election Governor Ikpeazu as the validly elected Governor of the state.
The court had also declared Otti of the All Progressives Grand Alliance, APGA, the winner of the April 11 and April 25 supplementary elections conducted in the state.
The five member panel, presided over by Justice Oyebisi Omoleye, annulled the election on the grounds of substantial non compliance with the electoral law.
Delivering judgment in an appeal filed by Otti, the court held 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 State.
Omoleye said that the cancellation of the elections held in three the Local Government Areas of Obingwa, Osisioma Ngwa and Isiala Ngwa by the returning officers after the results were uploaded to INEC was wrong.
According to Justice Omoleye, "In the Electoral Act, the Returning Officer has the right to only declare the results of elections and not to cancel elections. This panel discovered that the earlier results uploaded to 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.
"It was wrong for the court to insist that because the appellant failed to appear in person, his matter will not be given due attention.
Ikpeazu's victory was however greeted by heavy gunshots in Umuahia, the state capital last night.
Residents had curiously waited for the judgment until the news filtered in at about 10:02pm.
As soon as the news was broken, sounds of heavy gunshots, local canons and fireworks erupted from different parts of the state capital in celebration of the victory.
The gunshots believed to be fired by Ikpeazu's supporters who were celebrating his victory lasted into the night.
Some residents believed to be PDP supporters were seen celebrating the victory along Uwalaka Road shouting the party's slogan.
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