The Enugu Division of the Court of Appeal Tuesday affirmed the election of Senator Ike Ekweremadu of the Peoples Democratic Party (PDP) in the February 23 election for Enugu West Zone.
In a unanimous judgment delivered by the panel, chaired by Justice I.M. Salawu, the court dismissed the appeal filed by Mrs Juliet Ibekaku-Nwagwu of the All Progressives Congress (APC) for lacking in merit.
The court held that the appellants failed to prove allegations of non-compliance with the Electoral Act and as such were not entitled to the reliefs sought.
Newsmen report that the National and State Assembly Elections Petitions Tribunal, which sat in Enugu had on September 9, upheld the election of Ekweremadu.
The appellant alleged cases of over-voting as well as announcement of result by the Independent National Electoral Commission (INEC) while collation was still ongoing.
But the appellate court, which upheld the decision of the trial court, held that the appeal anchored on the refusal of the tribunal to nullify the elections in the 824 polling units of the zone, failed woefully.
The court said the winner of the election cannot have his election nullified on the allegations that the result sheet of the election was not dated.
The court awarded N50,000 cost against the appellants in favour of each of the respondents, which include the PDP, INEC and Ekweremadu.
Ibekaku-Nwagwu thanked her supporters for their loyalty and faith while her attempt to represent them at the Red Chambers lasted.
Also, the Enugu Division of the Court of Appeal yesterday affirmed the election of Ifeanyi Ubah of Young Progressive Party (YPP) as senator representing Anambra South.
Justice I. M. Salawu, in two separate judgments, dismissed the appeals filed by Chief Chris Ubah of the Peoples Democratic Party (PDP) and Senator Andy Ubah of the All Progressives Congress (APC).
Newsmen report that the National and State Houses of Assembly Elections Petitions Tribunal in Awka, the Anambra State capital, in its judgment on September 9, affirmed Ifeanyi Ubah as duly elected.
But the Ubah brothers approached the appellate court on grounds of alleged miscarriage of justice by the tribunal.
In his appeal, Chris alleged that the tribunal failed to consider all the exhibits tendered before it while arriving at the judgment.
He urged the court to address the alleged improper accreditation, which the trial court reportedly ignored.
The PDP candidate told the court that the three major documents upon which the election result was anchored, such as the card reader, voters register and Form EC8A1, had different figures.
Andy urged the appellate court to nullify the election for alleged corrupt practices by Ifeanyi.
He alleged that the YPP candidate not only engaged in inducement of voters but also assaulted and coerced the INEC to announce the result of the election.
The court dismissed the submissions of Chris Ubah’s witnesses as hearsay evidence.
It also held that the witnesses Andy presented at the trial court did not discharge their duties. The court directed Chris to pay a cost of N50,000 each to the first to 10th respondents and N200,000 to the 11th respondent.
Andy was directed to pay a cost of N400,000 to each of the two sets of respondents.
The Appeal Court also upheld yesterday the judgment of the tribunal, which in September validated the February 23 election of Senator Abba Moro.
Moro of the Peoples Democratic Party (PDP) had polled 85,162 votes to defeat Lawani of the All Progressives Congress (APC), who garnered 47,972 votes in the last election for Benue South Senatorial District’s seat.
Delivering judgment yesterday on Lawani’s appeal, the Appeal Court, led by Justice Jumai Sankey, upheld the decision of the lower court, thus, making it the end of the road for Lawani and the APC.
Justice Sankey dismissed and rendered incompetent Lawani’s petition as his claim of manipulation and rigging during the election could not be proved beyond reasonable doubt.
He was also fined N200,000.
The Appeal Court in Ekiti also upheld the victory of Senator Olubunmi Adetumbi of the APC.
A three-man panel yesterday dismissed the appeal by Senator Duro Faseyi of the PDP for lacking in merit.
Also, the Appeal Court dismissed the suit filed by Kehinde Agboola of the PDP against the APC candidate, Peter Owolabi, representing Ekiti North Federal Constituency I.
The Appeal Court also dismissed the application filed by Nicholas Olusola Omotoso of the PDP against the winner and APC candidate, Ibrahim Olanrewaju, representing Ekiti North Federal Constituency II.
The APC senator and the two Federal lawmakers were accused of not scoring the highest number of lawful votes and that the ruling party did not conduct valid primaries and therefore did not present candidates for the National Assembly polls in this year’s general elections.
Delivering his judgment in the case filed against Senator Adetumbi, Justice Hamma Akawu Barka said Senator Faseyi acted like a busybody by trying to contest the outcome of APC’s primaries.