BY GRACE IGWEANYI
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| (L-R)IKPEAZU,OTTI |
Delivering judgment in appeal filed by Otti, the five member panel headed by Justice Oyebisi Omoleye said the PDP candidate, Okezie Ikpeazu should not have been declared winner of the April 11, and April 25 2015 supplementary elections because the APGA candidate, Alex Otti scored 164,444 valid votes to defeat Ikpeazu who scored 144,444 votes.
The court declared Otti winner of the April 11 and April 25, 2015 supplementary election in Abia State.
He said INEC’ decision to cancel elections held in three local Governments of Obingwa, Osisioma Ngwa and Isiala Ngwa by the returning officers after the results after the results were uploaded to INEC was wrong.
“In the Electoral Act, the Returning Officer has the right to only declare results of elections and not to cancel elections.
“ This Panel discovered that the earlier results uploaded to INEC headquarters correspond with the correct valid registered voters in the three LGAs, while that awarded to the respondent shows over voting and therefore null and void” Justice Omoleye said.
While reviewing the preliminary issues and objections raised by both parties, Omoleye struck out the preliminary objections Mr. Okezie Ikpeazu’s counsel to the effect that the appeal lacked merit.
The Appellate Court also rejected the objection brought up by the PDP that the members of the panel were not properly constituted and rather upheld the arguments of Mr.Otti’s counsel.
The lower tribunal, according to the appellate court, erred by handling all the issues raised before it on their merit saying it was wrong for the court below to insist that because the appellant failed to show up in person “ his matter not be given due attention”
“For not appearing in person, the first appellant did not abandon his case” she said
The Court ruled off the need for re run election, stating that there was no need for it because the results of the April 11 and 25 elections clearly present the APGA candidate, Otti as the authentic winner of the exercise.
It further directed the Independent National Electoral Commission (INEC) to issue certificate of return to Otti and swear him in as winner of the Abia Governorship election.
Speaking to journalists after the ruling, one of Otti’s Counsels, Oracle Nwali said the victory “is an end of the year gift to APGA”
On his part, the PDP Abia State Secretary, Charles Esonu said his party and its candidate will study the judgment and take next line of action.
Otti had gone to Appeal Court after the Abia State Tribunal had ruled on November 3, 2015 that the PDP validly won the election.
Chairman of the Tribunal, Justice Usman Bwala had said Otti and his party, APGA failed to prove their claims to have won the election beyond doubt.
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