The Court of Appeal, convened in Lagos, has overturned the prior unanimous decision of the tribunal and confirmed Amobi Godwin Ogah as the representative member for the Isuikwuato/Umunneochi Federal Constituency.
On February 27, the Independent National Electoral Commission (INEC) declared Amobi Godwin Ogah, a candidate from the Labour Party, as the winner with 11,769 votes. This victory was against the former Deputy Chief Whip, Nkeiruka Chidubem Onyejeocha of the APC, who was seeking a fifth consecutive term and garnered 8,752 votes.
However, dissatisfied with the election results, Nkeiruka Chidubem Onyejeocha and the APC took their case to the National Assembly Election Petitions Tribunal in Umuahia on March 17. Their petition sought, among other things, the disqualification of Ogah and his party, citing non-compliance with the provisions of the Electoral Act and the lack of a majority of lawful votes.
INEC, Ogah & LP were listed as 1st, 2nd & 3rd Respondents respectively.
In a September 6 judgement, the tribunal in Suit No: EPT/AB/HR/8/2023, held that:
How a candidate is Sponsored by a political party is both pre and post-election, there is no evidence of given 21 days notice to INEC by the respondent before conducting their primary election
Justice Saleeman also held that No date of Primaries was placed before the tribunal, no evidence of Primaries and the 3rd respondent has always said it’s an internal affairs of the Party
We have tabulated and found out that the results computed by the petition is correct and the results computed by the 1st respondent is dis-countenanced
The 2nd Respondent (Ogah) had argued that the acceptance of the Ministerial appointment of Onyejeocha was a sign that she had abandoned her petition .
However the Tribunal in her ruling dismissed the submission of the Lawmaker.
We are of the view that section 66 is not applicable to this scenario because the Petitioner is not a Lawmaker of the Federal Republic of Nigeria, the scenario prohibited by law is a person being a member of two arms of Government,” the tribunal ruled.
Not happy with the judgement, the Respondents turned appellants headed for the final Court in these matters.
The Appeal Court held that nomination and membership are internal affairs of a Political Party and the petitioners turned respondents had no locus to raise same.
The Court further upheld the Appeal and re-affirmed Ogah as duly elected and returned.
