By Austin Ogwuda
The Court of Appeal Justices of the Abuja Judicial Division, have heard the Appeal lodged by the Labour Party, LP and Member representing Aniocha Oshimili Federal Constituency in the National Assembly, Rt.Hon Ngozi Okolie respectively.
The two Appeals brought by Labour Party and Hon. Ngozi Okolie have been fully argued on the merit before the Court of Appeal Justices of the Abuja Judicial Division on Monday.
Our Judicial Correspondent reports that the Honourable Justices brushed aside all the technicalities raised by both Parties, especially the Independent National Electoral Commission (INEC).
INEC, who was supposed to be the Umpire/Electoral Body filed several Applications praying the Appeal Court to uphold the Judgement of the Election Tribunal which declared Hon. Ndudi Elumelu the winner as against Hon. Ngozi Okolie whom the same INEC declared winner earlier during the National Assembly elections in Delta State in February this year.
The Appeal Court narrowed down the entire Appeal to the following two issues raised by the Labour Party Lead Counsel and Hon. Ngozi Okolie’s Lead Counsel, Mahmud Magaji, SAN and Chike Onyemenam, SAN, respectively:
1. Whether the Tribunal had jurisdiction to entertain the Petition brought by the PDP and its Candidate complaining that Labour Party and its Candidate did not fulfil the conditions precedent of conduct of a valid Primary Election to enable Labour Party Select, Nominate and Sponsor Hon. Ngozi Okolie as its Candidate at the Election.
2. Whether the Petitioners, led sufficient evidence through their only two Witnesses, to make out a prima facie case that Hon. Ngozi Okolie was not qualified to contest the Election, thus entitling the Tribunal to disqualify him and declare Hon. Ndudi Elumelu who was defeated by Okolie with over 20 Thousand votes, the winner of the Election.
After which they announced that “judgment has been reserved for a date to be communicated to the Parties”.
Recall that INEC had on February 27 this year officially announced Ngozi Okolie as the winner of the Aniocha Oshimili federal constituency seat.
INEC’s Returning Officer, Professor Kenneth Ibe
announced that Ndudi Elumelu of PDP polled a total of 33,456 votes, while the LP candidate Ngozi Okolie polled a total of 53,879 votes to emerge winner.
Dissatisfied with the judgment of the three man Election Petition Tribunal sitting in Asaba that stripped him of the victory on the ground that he was not properly sponsored by his party, Labour Party, Ngozi Okolie, through his lawyer, Chike Onyemenam, a Senior Advocate of Nigeria SAN filed a 9-Ground appeal, seeking to quash the judgment before the Court of Appeal Asaba Judicial Division which fixed hearing on the 24th of August 2023.
The Appeal was however transferred to the Court of Appeal Abuja Judicial Division.
All fingers are now crossed awaiting the judgment.
