The Lagos division of the Appeal Court has affirmed the election of the House of Representatives member Ideato North and South Federal Constituency of Imo State, Ikenga Imo Ugochinyere.
The Appeal Court panel led by Justice Abubakar Babandi Gumel set aside the ruling of the Tribunal which had sacked Ugochinyere.
The election petition tribunal sitting in Mararaba High Court had ruled that Ugochinyere’s PDP was no candidate for the election because there were no primaries in the Federal Constituency.
The panel which delivered the judgement on September 10th, also directed the Independent National Electoral Commission, INEC, to conduct rerun election Calls in 4 Wards between APC and LP candidates.
However, a unanimous judgment delivered by Gumel on Wednesday overruled the judgments of the tribunal.
Gumel held that the petition was a pre-election matter and as such, the tribunals lacked jurisdiction over pre-election matters.
In another development, the Court of Appeal sitting in Abuja has nullified the participation of the People’s Democratic Party (PDP) and its senatorial candidate in the February 25 National Assembly election, Napoleon Binkap Bali, for Plateau South Senatorial District of Plateau State on grounds of refusal to carry out lawful order of court.
The court, in a judgment delivered by Justice Elfaida Oluwayemisi Williams-Dawodu, declared as unlawful and wasted votes cast for PDP in the election and declared the former governor of the state, Simon Bako Lalong, as the Senator for the Plateau South senatorial district.
Also, the appellate court sitting in Lagos yesterday affirmed the election of Hon Ibori-Suenu Erhiatake, the daughter of former Governor James Ibori, as member of the House of Representatives.
Erhiatake, the PDP candidate for Ethiope federal constituency of Delta State, floored Hon Ben Rolands Igbakpa of NNPP, Halims Ahoda of APC and Ogboru Michael Etabunor of APGA.
Lalong who stood for the election on the platform of the All Progressives Congress (APC) had come second in the February Senatorial election.
Justice Williams-Dawodu held that the PDP and its Senatorial candidate have no legal ground to participate in the election having failed to obey the judgment of a Plateau High Court that the party should conduct lawful elections for the purpose of having officers for Wards, Local Governments and State Council.
The Plateau High Court had in 2022 ordered PDP to conduct elections for selection of officers for Wards, Local Governments and the State Chapter of the party which was not complied with.
The Court of Appeal said disobedience and disregard to clear lawful order of court was fatal because PDP hurriedly put an illegal caretaker committee in place in utter confrontation to the court judgment.
Specifically, the appellate court held that PDP did not sponsor any candidate for the Plateau South senatorial district because it was not qualified to stand for any election as at February 25, 2023.
The court ruled: “As at February 25, PDP was on a faulty background at nomination of candidates for any election. It has no legal foundation upon which its candidate’s nomination can stand.
“A positive order of Court must be complied with unless such order is voided and set aside by a higher Court.
“In the instant case, the lawful existing and subsisting Court order was that PDP should conduct elections in line with provisions of the law to have officers at Wards, Local Governments and State Council but the party for reasons best known to it, opted to go against the order.
“I cannot but agree totally with the judgment of the Plateau National Assembly Election Tribunal which in its judgment of September 11, 2023 nullified the participation of PDP in the February 25 National Assembly Election”.
The Court of Appeal subsequently upheld the declaration of Simon Lalong as the lawful Senator for Plateau South senatorial district having scored second highest votes at the election.
Other justices of the Court of Appeal who agreed with the judgment are Mohammed Mustapha and Okon Abang.
Simon Lalong, the immediate past governor of Plateau State is currently the minister of labour and employment.
Justice Festus Ogbuinaya, Justice Senchi, and Justice Waziri delivered the judgement yesterday in Lagos which upheld Ibori daughter’s victory.
The chairman, House committee on Niger Delta Development Commission (NDDC) while reacting to the judgement dedicated her victory to God and constituents.
In a press statement issued yesterday, the lawmaker lauded the decision of the Court of Appeal, saying democracy has come to stay.
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