Monday, 22 September 2014

S'Court Upholds Obiano's Victory

The Supreme Court on Monday dismissed three separate appeals
challenging the victory of Governor Willy Obiano of Anambra State in
the main and supplementary governorship elections held on November 15,
17 and 30, November 2013.

In three unanimous judgments, the apex court dismissed the separate
appeals filed by candidate of the All Progressives Congress, Dr. Chris
Ngige, the Peoples Democratic Party and another one by its candidate,
Chief Tony Nwoye.

The seven-man panel of the Supreme Court held that the appellants
"failed woefully" to discharge the burden of proof placed on them by
in proving that the election was conducted without substantial
compliance with the Electoral Act.

The court dismissed all the grounds of their appeal including
allegation that there was massive disenfranchisement of voters and
that Obiano was not qualified to stand for the election on the basis
that he had engaged in double voter registration.

Justice Kumai Akaahs, who delivered the lead judgment in Ngige's
appeal, held,"Having resolved the three issues against the appellant
in favour of the respondents, without further, we came to the
following conclusion. The appellant did not prove the criminal
allegation of double or multiple registrations against the 25th
respondent (Obiano) let alone to prove beyond reasonable doubt.

"On the evidence adduced before the tribunal, the 25th respondent was
qualified to contest the Anambra State governorship election indeed.
The appellant's allegations of corrupt practices of non-compliance
with the provisions of the Electoral Act were not proved in the first
place let alone showing that ground that it substantially affected the
outcome of the election pursuant to provisions of Section 139(1) of
the Electoral Act.

"The appellant having failed woefully to demonstrate why this court
should interfere with the concurrent findings of facts of the two
lower courts, in the final analysis, this appeal is hereby dismissed
in its entirety."

Both Justices Kayode Ariwoola and John Okoro, who delivered the lead
judgments in the separate appeals filed by Nwoye and the PDP, also
dismissed the various appeals on the grounds that they lacked in
merit. The same set of Justices who sat on the three appeals concurred
with the lead judgments.

The appellants had filed their various appeals to the Supreme Court,
challenging the July 26, 2014 judgment of the Court of Appeal, Enugu
Division, affirming the earlier verdict of the
Governorship/Legislative Elections Petitions Tribunal in Awka.

The tribunal had upheld the result by the Independent National
Electoral Commission declaring Obiano as the winner of the election.

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