Stephen Ukandu, Umuahia
Petitions by the candidate of the Peoples Democratic Party, PDP in the February 25 national assembly poll in Abia North, Senator Mao Ohuabunwa; and his Labour Party counterpart, Chief Nnamdi Iro Orji (Opotoyom), seeking the nullification of the election of Senator Orji Uzor Kalu of the All Progressives Congress, APC, have been dismissed by the National Assembly Election Petitions Tribunal sitting in Umuahia.
Both petitions were dismissed Tuesday by the Justice Samson Paul -Gang-led three-man panel.
Dissatisfied with the outcome of the election, the PDP and LP candidates, had respectively approached the tribunal and asked for a rescheduled election in the over 100 polling units where voting did not take place.
They alleged massive disenfranchisement of voters mainly in Ohafia and Arochukwu Local Government Areas, and that the Independent National Electoral Commission (INEC) had during a press conference on Sunday, February 26, admitted that election would be rescheduled in the affected areas.
The Petitioners argued that while voters in the affected polling units, which they claimed were their strongholds, were getting ready for the re-scheduled election, INEC, “hastily” declared Kalu winner of the exercise.
According to the Petitioners, there were also cases of over-voting in some of the polling units in favour of the APC candidate.
They had also argued that the total number of registered voters in the affected polling units was far above the margin of win between Kalu and the first and second runner-ups.
But the Respondents – Kalu, APC and INEC, had through their legal team, urged the tribunal to discountenance the claims by the Petitioners and dismiss the petitions.
The Respondents also claimed that the alleged disenfranchisement of voters in some polling units was due to the sympathy of voters in the affected areas for Biafra restoration championed by the Indigenous People of Biafra, IPOB.
They insisted that Kalu won majority of the lawful votes cast in the election, and that he was validly returned.
In its judgment, Justice Samson Paul-Gang-led three-man panel, upheld the arguments of the Respondents that Senator Kalu was validly returned as winner of the election.
The tribunal resolved all the matters in favour of the Respondents, and affirmed Kalu’s declaration as winner of the contest.
On the allegation of over voting, the tribunal said that the Petitioners could not prove such claims.
The tribunal further held that there was a substantial compliance with the Electoral Act in the conduct of the election.
On the alleged disenfranchisement of voters in some polling units, the tribunal attributed it to sympathy for Biafra agitation in the South-East as argued by the Respondents.
The tribunal held that there was no guarantee that the said voters would have equally participated in any re-scheduled election.
The tribunal also quashed the allegation by the LP candidate that Kalu was not qualified to stand for the election over his imprisonment on financial fraud, ruling that the Supreme Court had already quashed same matter on the basis of jurisdiction.
Addressing newsmen later, a member of Ohuabunwa’s legal team, Chief Ukpai Ukiro, expressed dissatisfaction with the judgment.
He said it would be appealed after due consultations with his client.
In his response, a member of Kalu’s legal team, Mr Victor Etie, hailed the judgment which he described as ” well considered.”
He expressed delight that the tribunal dismissed the petitions against his client, who he insisted, won the election.
