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UPDATED: Abia tribunal affirms Ikpeazu’s victory

UPDATED: Abia tribunal affirms Ikpeazu’s victory
November 03
13:43 2015

The election petition tribunal sitting in Umuahia, capital of Abia state, has upheld the election of Okezie Ikpeazu, governor of the state.

The tribunal dismissed the petition of Alex Otti, candidate of the All Progressives Grand Alliance (APGA) in the April 11 election, for lacking in merit.

In an 85-minute judgment delivered by Usman Bwala, chairman of the panel, the tribunal said that the petitioners, Otti and APGA, did not prove “beyond doubt”, their claim to have won the election.

Bwala said that the petitioners had on the 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.

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He said the petitioners reckoned with the card reader as a means of accreditation during the election 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 Benjamin Ozumba, the state returning  officer, was not allowed under the law, to cancel the said results in the first place, hence the subsequent reversal by him had no effect.

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He said 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.

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.

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Otti also asked the tribunal to uphold Ozumba’s cancellation of the results for Obingwa, Osisioma and Isiala-Ngwa north LGAs.

He said 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, Ndionyenma Nwankwo, counsel to the petitioners, said the legal team would study the judgment and decide on the next line of action to take.

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

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