The Court of Appeal sitting in Owerri has sacked Dr. Okezie Ikpeazu of the Peoples Democratic Party as governor of Abia State and declared Alex Otti of the All Progressives Grand Alliance as the governor of the state.
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Alex Otti |
According to The Nation, the court held that Otti scored the highest valid votes of 164,332 as against 114,444 scored by Ikpeazu.
Delivering the judgment, the presiding judge, Justice Oyebisi Omoleye, ruled that there were established cases of over-voting and allocation of votes in favour of the PDP candidate in three local government areas of Isi-Alangwa, Osisioma and Obingwa.
Premium Times Reports that, Justice Omoleye said the cancellation of the elections held in three LGAs of Obingwa, Osisioma Ngwa and Isiala Ngwa by the returning officers 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 had while reviewing preliminary objections and issues raised by both parties, struck out the preliminary objections by Mr. Ikpeazu’s counsel to the effect that the appeal lacked merit.
The court also turned down the objection raised by the PDP that the members of the panel were wrongfully constituted and affirmed the arguments of Mr. Otti’s counsel.
“It was wrong for the court below to insist that because the appellant failed to appear in person, his matter will not be given due attention.
“For not appearing in person, the first appellant did not abandon his case,” she said.
The court therefore directed INEC to issue Certificate of Return to Mr. Otti and swear him in as winner of the Abia Governorship election.
Mr. Otti’s legal team, described the victory as “an end of the year gift to APGA”, saying Mr. Otti would not disappoint Abia people.
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