Abia Guber Poll: Ikpeazu Heads to Supreme Court

Sacked Abia State Governor, Okezie Ikpeazu, alongside his party, the Peoples Democratic Party (PDP), has filed an appeal at the Supreme Court of Nigeria, to question the Appeal Court’s decision removing him from office. It would be recalled that the appellate court, presided over by Justice Oyebisi, had declared the candidate of the All Progressives Grand Alliance (APGA), Alex Otti, as the winner of the election of April 11, 2015. The Appeal Court further insisted that Otti scored the highest valid votes of 164,332 against 114,444 scored by Ikpeazu. Justice Oyebisi pointed out that there were cases of over-voting and allocation of votes in favour of the PDP candidate in three Local Government Areas ”“ Isi-Alangwa, Osisioma and Obingwa ”“ thus voiding elections in the three councils. In their notices of appeal, the sacked governor and the PDP wants the Supreme Court to set aside the judgment of the Court of Appeal on the reason that neither Otti nor his party had credible and cogent evidence to support their petition challenging Ikpeazu’s victory. The removed governor and his party raised three grounds of appeal which included: “That the Appeal Court was wrong to have declared the 1st respondent (Otti) winner of the April 11 and 25, 2015 Abia State governorship election on the grounds that he scored the majority lawful votes cast at the election. “That the Court of Appeal erred in law when the Justices on the panel neglected to apply the provisions of sections 49, 52 (2), 138 (2) and 155 of the Electoral Act, 2010 (as amended) but relied solely on Card Reader accreditation as the basis for holding that there was over-voting and therefore cancelled the election in Obingwa, Osisioma Ngwa and Isiala Ngwa LGAs in the April 11 and 25, 2015 Abia State Governorship election. “In instant case, where the 1st and 2nd respondents (Otti and APGA) sought nullification of votes from Obingwa, Osisioma Ngwa and Isiala Ngwa North LGAs of Abia State in relation to matters or events that took place at the polling units, they must produce evidence of eye witnesses who saw it on the days of elections as well as tender primary unit results of documentary evidence in relation to the questioned Local Government Areas. “The Court of Appeal found as a fact (as did the tribunal) that the State Returning Officer had no powers to cancel results in Obingwa, Osisioma Ngwa and Isiala Ngwa North LGAs. “By the findings (in Paragraph iii) above, the allegations of malpractice and non-compliance as basis of results by the Returning Officer needed to be proved. No proof was offered and the Court of Appeal did not refer to any.”