By Ikechukwu Nnochiri
ABUJA – The Abuja Division of the Court of Appeal, today,
affirmed that the former governor of Akwa Ibom state, Godswill Akpabio,
was validly elected to represent Akwa Ibom North-West Senatorial
District in the State.
In their judgment this afternoon, a three-man panel of
Justices of the appellate court led by Justice Mashood Oredola,
dismissed the appeal that was lodged against Akpabio by candidate of
the All Progressives Congress, APC, for the Senatorial District, Chief
Inibehe Okori.
File: Senator Godswill Akpabio
The appellate court held that the Akwa Ibom State
National Assembly Election Petition Tribunal acted properly when it
dismissed the joint petition that Okori and APC filed before it
on April 18.
According to the court, the appellants failed to by
preponderance of evidence, prove that Akpabio was not duly nominated by
the Peoples Democratic Party, PDP, to contest the March 28 election.
According to the appellate court, the fact that Akpabio
was in an initial list that was sent to the Independent National
Electoral Commission, INEC, by the PDP, erroneously identified as the
Senatorial candidate for Akwa Ibom North East, did not invalidate his
election.
It held that Akpabio was duly nominated for the election
in accordance with the provisions of section 65(2) of the 1999
constitution, as amended, and section138(1) of the Electoral Act.
”The tribunal was right to hold that no one was mislead
by the mistake. The 1st Respondent was qualified and duly nominated by
the 3rd Respondent.
”There is abundant evidence that the electorates,
including the petitioners, were not in any way undecided as to the
Senatorial District which the 1st respondent was nominated to contest
the election.
“The 1st Respondent have proved by credible evidence that
he was duly sponsored by the 3rd Respondent and was eminently qualified
to contest the election.
”The electorates that trooped out to vote on March
28 must have their wishes and votes respected. The real essence of
democratic practice is to afford them the opportunity to express their
wish through the ballot, so as to have their say. Once they have spoken,
their voice must not only be heard but must be protected as well as
respected.
“In the overall, this appeal lacks merit and is hereby
refused. The judgement of the tribunal delivered on October 14 is hereby
affirmed. There shall be no order as to cost”, the appeal court ruled.
The appellants had at the lower tribunal, contended that
as at March 28, 2015, Akpabio, was not qualified to contest for Akwa
Ibom North-West Senatorial Seat, having not been validly nominated or
sponsored by any political party in line with the provisions of section
65(2)(b) of the 1999 constitution, as amended.
The APC candidate equally placed reliance on section 31(1)
of the Electoral Act, which requires that political parties shall
within 60 days to the election, submit a list of the candidates it would
sponsor at the poll to INEC.
The petitioners urged the tribunal to determine whether
the announcement/ declaration of the 1st respondent (Akpabio) as winner
of the Senatorial District was not invalid by reason of corrupt
practices and non-compliance with the Electoral Act, as amended.
It was also the argument of the petitioners that PDP
fielded no candidate for Akwa Ibom North-West Senatorial District, even
as they urged the tribunal to hold that all votes cast or allocated to
the PDP were void.
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