Owerri division of the Court of Appeal, on Thursday annulled the election of Abia State Governor, Okezie Ikpeazu.
The appellate court consequently declared the All Progressives Grand Alliance (APGA) candidate, Alex Otti as winner of the April 11 governorship election and April 25 supplementary elections in the state.
The Court of Appeal, presided over by Justice Oyebisi Omoleye, threw out the elections on the reasons of substantial non-compliance to the electoral law.
The appellate court specifically held that Otti scored 164, 444 valid votes to defeat Ikpeazu who scored 114, 444 votes.
Justice Omoleye declared that the cancellation of the elections held in three LGAs of Obingwa, Osisioma Ngwa and Isiala Ngwa by the returning officer after the results had been submitted to INEC was wrong.
The judge said, “In the Electoral Act, the Returning Officer has the right to only declare the results of elections and not to cancel elections.
“This panel discovered that the earlier results uploaded to INEC headquarters correspond with the correct valid registered voters in the three LGAs, while that awarded to the respondent shows over voting and therefore null and void.”
The appellate court also threw out the preliminary objections raised by Ikpeazu on the reason that the appeal is lacking in merit.
Justice Omoleye further rejected the objection raised by the Peoples Democratic Party that the members of the panel were wrongfully constituted and affirmed the arguments of Otti.
The Appeal Court said, “It was wrong for the court below to insist that because the appellant failed to appear in person, his matter will not be given due attention.
“For not appearing in person, the first appellant did not abandon his case.”
Justice Omoleye further posited that there was no need to call for re-run because the results of the April 11 and 25 polls clearly present Otti as the genuine winner of the exercise.
The appellate court therefore issued a directive to INEC, to issue Certificate of Return to Otti and swear him in as winner of the Abia Governorship election.
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