The Court of Appeal sitting in Enugu has dismissed the suit filed by the candidate of the All Progressives Congress (APC), Chief Uche Nnaji, in the 2023 governorship election held in the state, challenging the victory of Barr. Peter Mbah of the Peoples Democratic Party (PDP).
In a judgement delivered by the three-man panel on Tuesday and read by Justice J.O.K Oyewole, the appellate court dismissed the matter and awarded the sum of N250,000 each against Chief Uche Nnaji and the APC.
It could be recalled that the petition filed by Chief Nnaji had been initially dismissed by the Justice K.M Akano-led Enugu State Governorship Election Petitions Tribunal on June 20, 2023.
Not satisfied, Nnaji approached the appeal court for redress.
He argued that Mbah was not constitutionally qualified to contest for the office of the governor at the time of the election.
According to him, Mbah allegedly presented a forged certificate to the Independent National Electoral Commission (INEC).
He also claimed that Mbah did not score the requisite majority of lawful votes cast at the election.
The petition has respondents the candidate of the Labour Party (LP), Hon. Chijioke Edeoga, and that of the All Progressives Grand Alliance (APGA), Mr. Frank Nweke Jr.
Nnaji further contended that Nweke Jr. and Edeoga were not qualified to contest the election, having allegedly violated stipulated law on declaration of assets.
He, therefore, asked the Tribunal to disqualify the three fellow contestants and declare him the winner.
In the alternative, he urged the court to order INEC to conduct a runoff election between him and other remaining candidates.
The APC candidate, meanwhile, had finished fourth in the election, having polled a total of 14,575 against Dr. Peter Mbah’s 160,895 votes.
In its ruling on the petition marked EPT/EN/GOV/05/23, the Tribunal said the suit was not filed in accordance with the provisions of the Electoral Act and, pursuant to paragraph 18(3) (4) of the First Schedule of the Electoral Act, 2022, could not be heard.
Consequently, Nnaji had approached the Court of Appeal, praying it to send the dismissed petition back to the Tribunal for hearing and determination of the suit.
But at the resumed hearing of the appeal marked CA/E/E/EP/GOV/EN/01/2023 on Tuesday, the Court of Appeal upheld the decision of the Tribunal and dismissed the suit accordingly. Read more.
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