Wednesday 4 November 2015

Abia Governorship Election Tribunal Upholds Ikpeazu’s Election

The Abia Governorship Election Petitions Tribunal sitting in Umuahia,
on Tuesday upheld the declaration of Dr. Okezie Ikpeazu as governor of
the state by the Independent National Electoral Commission.

In an 85-minute judgment delivered by the Chairman, Hon. Justice Usman
Bwala, the tribunal said that the petitioners, Dr. Alex Otti and the
All Progressives Grand Alliance (APGA), did not prove their claim to
have won the election "beyond doubt".

Bwala said that the petitioners had on one hand, urged the court to
nullify the election on grounds that it was marred by irregularities
and massive fraud and on the other hand, sought that they should be
declared winners of the same election.

He said that the petitioners reckoned with the card reader as a means
of accreditation during the election of April 11 but failed to
countenance with the voter register.

The tribunal further refused to grant the petitioners' request for it
to uphold the cancellation of the results of the election in Obingwa,
Osisioma and Isiala-Ngwa North Local Government Areas of the state.

Bwala said that the State Returning Officer, Prof. Benjamin Ozumba,
was not allowed under the law, to cancel the said results in the first
place, hence the subsequent reversal by him had no effect.

He said that the onus lay heavily on the petitioners to prove beyond
doubt that they won the election as they claimed in their petition.

The tribunal chairman, therefore, dismissed the petition because of
the failure of the petitioners to convince the tribunal beyond doubt
that they won the election.

NAN reports that Otti had urged the tribunal to annul the decalaration
of Ikpeazu as governor, saying that the election was marred by
irregularities and substantial non-compliance with the Electoral Act.

He, however, urged the tribunal to declare him (Otti) the winner on
account of the lawful votes cast during the election.

He also asked the tribunal to uphold Ozumba's cancellation of the
results for Obingwa, Osisioma and Isiala-Ngwa North LGAs.

He said that Ozumba, having cancelled the results, did not have the
power to cancel the result and reverse himself, adding that only the
tribunal had the power to reverse the cancellation.

Reacting to the judgment, Counsel to the petitioners, Mr Ndionyenma
Nwankwo, said that the legal team would study the judgment and decide
on the next line of action to take.

Counsels to Ikpeazu and the Peoples Democratic Party, Messrs Chubuike
Nwokeukwu and Haggler Okorie, commended the tribunal for its judgment,
which they described as sound and founded on law.

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