An Appeal Court in Owerri, has affirmed Orji Uzor Kalu as the winner of the February 23 National Assembly election in Abia North Senatorial district.
In a unanimous decision read By the chairman of the panel, R.A Ada, on Thursday, the Justices berated the Elections Petitions Tribunal for ordering a rerun in some electoral wards in Abia North.
They held that the ground on which the Tribunal cancelled Kanu’s victory was unknown to law.
The panel held that the tribunal granted the petitioner reliefs it did not seek, saying, “it was unacceptable in law.”
Recall that Mao Ohuabunwa had gone to the Tribunal to challenge the declaration of former Governor of Abia State, Orji Kanu as winner of the senatorial election by the Independent National Electoral Commission, INEC.
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In a unanimous judgement, the tribunal held that Ohuabunwa had successfully proved his allegation of substantial non-compliance with the guidelines on conduct of elections.
Consequently, the tribunal nullified Kanu’s election and ordered that a rerun election be held for the Abia North Senatorial District.
However, in its judgment on Thursday, the appellate court said that the petitioner, Ohuabunwa tendered his documents at the lower tribunal without calling witnesses to tie the documents to their case.
“The lower court erred by allowing the dumping of documents on the lower tribunal. In law, the petitioner must establish proof by bringing witnesses who will tie the documents to the substance of the case.”
One of the counsels to Kalu, Mr. Perfect Okorie told journalists that “The relief the petitioner Mao Ohuabunwa asked for was for the nullification of the election in Bende and Isiukwuato, LGAs but the lower tribunal embarked on its own expedition, granted strange reliefs and nullified elections in some polling units in Ohafia and Arochukwu.”
