……. Tribunal Upholds Deputy Senate President, Ekweremadu’s Election
…….Tribunal Upholds PDP Senator, Ekwunife’s , APC Gbajabiamila’s Election, Nullifies Rep In Anambra s Victory
……..Kogi APC Senator, Abdulrahman Abubakar Loses Seat To PDP
Today, the 9th of October, 2015 was a day some elected public officers across the major political parties got their elections into their offices upheld while others had theirs nullified by election tribunals in some parts of the country.
In Anambra, the election of Uche Ekwunife of the People’s Democratic Party (PDP) as Anambra Central senator was upheld by the Justice Nayai Agabana-led tribunal.
Agabana, who read the judgment unanimously adopted by the panel, dismissed all the reliefs sought by the petitioner, Chief Victor Umeh of the All Progressives Grand Alliance (APGA).
Umeh had challenged Ekwunife’s election on the grounds that the winner was not an authentic member of the PDP when she contested the March 28 election.
In the ruling, the chairman declared that Umeh failed to prove his case, including the claim that the respondent was not an authentic member of the PDP before the election.
In her reactions, Ekwunife commended the tribunal for a thorough job.
“It is a proof that we still have judges with integrity in the country. I defeated Umeh black and white; today’s judgment attested to that,” she said.
However, it was a sad day for Dr Okey Eze of the People’s Democratic Party (PDP) as his election was as the winner of the Dunukofia, Anaocha and Njikoka federal constituency election in Anambra was nullified.
The tribunal held that it was the All Progressives Grand Alliance (APGA) candidate, Mr Dozie Nwakpnkwo, who won the election.
The panelists also held that it was the APGA candidate who scored the highest number of lawful votes cast in the election, contrary to the figure credited to the PDP candidate by the Independent National Electoral Commission (INEC) upon which it based its declaration of the PDP candidate the winner.
The tribunal emphasised that the results from the polling units were the bases upon which any other figures in any other result sheets concerning any election must be recorded.
Agabana held that from the polling unit result sheets presented in the tribunal, it was clear that Nwankwo scored the highest number of lawful votes cast in the election.
The tribunal therefore nullified the return of Eze as the winner of the election and directed INEC to issue Nwankwo with the certificate of return as the authentic winner of the federal constituency poll.
Shortly before the judgement, the tribunal had upheld the election of the PDP candidate, Mr Anayo Nebe, a former speaker of the Anambra House of Assembly, as the winner of the Awka-North and Awka-South federal constituency election of March 28.
The tribunal dismissed the petition of the APGA candidate, Chief Godson Ezenagu, who had alleged that the poll was marred by irregularities, and urged the tribunal to declare him as the winner.
In a similar vein, the National Assembly and State House of Assembly Election Petition Tribunal sitting in Enugu on Friday upheld the declaration of Deputy Senate President, Ike Ekweremadu as the winner of the Enugu-West senatorial seat by the Independent National Electoral Commission (INEC).
The three-man tribunal presided over by its chairman, Justice Michael Edem, in declaring Ekweremadu as the validly elected senator representing the Enugu-West senatorial zone dismissed the petition by the All Progressives Congress (APC) candidate for the seat, Chief Philip Chukwudi Eze for lack of merit.
In the almost two hours judgment, the tribunal noted that the petition lacked substantial evidence, while awarding the total sum of N60,000 in favour of Ekweremadu, the Independent National Electoral Commission (INEC) and the last respondent.
Senator Abdulrahman Abubakar of the All Progressives Congress (APC) has lost his senatorial seat to Attai Aidoko of the People’s Democratic Party (PDP).
The Kogi State Elections Petition Tribunal handling petitions in the State ruled that Senator Abubakar cedes his seat to Aidoko. The Petition Tribunal stated that Aidoo is the legitimate winner of the April 11 the legislative election in the State.
In Lagos State, the National Assembly Election Petitions Tribunal upheld the declaration of Femi Gbajabiamila as the winner of the March 28, 2015 House of Representatives election in the Surulere Federal Constituency 1.
The Justice C.U Anwuka-led three-man tribunal rejected the petition challenging the victory of Gbajabiamila and his party, the All Progressives Congress in the said election.
Gbajabiamila, who is now the Majority Leader of the House of Representatives, had been declared winner of the said election by the Independent National Electoral Commission after polling 21, 715 votes.
The candidate of the Peoples Democratic Party, Tony Ashikodi, who polled 14, 550 votes to emerge the first runner-up, had however headed for the tribunal to challenge Gbajabiamila’s victory.
Ashikodi had alleged irregularities and a breach of the guidelines set out by the INEC for the conduct of the election.
He claimed that Gbajabiamila and his party did not score the highest number of valid votes in the election and should not have been declared winner by INEC.
He also claimed that the number of votes cast exceeded the number of registered voters.
The petitioner’s lawyer, Kalu Onuah, urged the court to declare the election null and void in the circumstance as stipulated by Section 53(2) Electoral Act, 2010.
But the tribunal on Friday held that the petitioner failed to prove his case beyond reasonable doubt, holding that the evidence adduced were not sufficient to establish the allegations raised.
The tribunal held that the petitioner did not link any of the documents tendered with his allegation of irregularities that he had raised.
The panel rejected Ashikodi’s testimony that there were multiple irregularities when he was not personally present at the collation centre.
Gbajabiamila’s counsel, Dele Adeogun, had urged the tribunal to dismiss the petitioner’s case, saying the petitioner’s counsel misrepresented facts and misconceived the law.
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