… describes Emenike of APC’S as a meddlesome interloper.
Sam Obinna Ibe/ Umuahia
The Abia State Governorship election petition tribunal sitting in the Federal High Court, Umuahia yesterday dismissed three (3) grounds of Appeals filled by the PDP Governorship candidate, Chief Okey Ambrose Ahiwe challenging the election victory of Dr Alex Chioma Otti of Labour Party in the 2023 governorship election held in Abia State.
In dismissing the appeals, the 3 -man panel of justices headed by Justice H.T D Gwadah held that the petition was incompetent, and lacked merits for failure to prove their case beyond reasonable doubt.
The Tribunal further explained that the Petitioners could not prove the first issue for determination on membership of the Labour party, noting that it was an internal party affair which should not concern the petitioner since they did not belong to the same political party and that it was a pre-election matter.
On the second ground of the petitioner, the issue of submission of the NYSC certificate of the Respondent, the Tribunal ruled that not qualifying or disqualification is not a factor, therefore, the petition could not prove that the Second Respondent was not qualified to contest the election, resolved the matter in favour of the Respondent.
Governorship Election Petition Tribunal sitting at the Federal High Court Umuahia has upheld the victory of the Dr Alex Chioma Otti of the Labour Party in the 2023 Abia State Governorship Election in a petition brought before it by the Governorship candidate of the Peoples Democratic Party, PDP, Chief Okey Ambrose Ahiwe against the Labour party Governorship candidate, Dr Alex Chioma Otti.
In a unanimous decision, the 3 man panel of Abia State Governorship election Tribunal headed by Justice H.T.D Gwadah ruled that Petitioners lacked merits on prayers sought and therefore dismissed 3 grounds of Appeals prayed for by the PDP candidate, Chief Okey Ahiwe.
The Independent National Electoral Commission had on March 25th,2023, declared Dr Alex Chioma Otti of the Labour as the winner of the 18th March 2023 Governorship election with the PDP candidate, Chief Okey Ahiwe came second.
It could be recalled that two political parties governorship candidates, Okey Ahiwe of PDP and High Chief Ikechi Emenike of the All Progressive Congress, APC had both dragged Governor Alex Chioma Otti before the election petition tribunal sitting in Umuahia, capital of Abia State.
In the case of Ahiwe PDP versus Otti of the Labour Party, the Tribunal presided by Justice H.T.D Gwadah
alongside other two justices held that the issue of nominations and sponsoring of a candidate by a political party is a pre-election matter and, therefore lacked jurisdiction to rule on this matter while treating issues for determination.
The Tribunal also ruled that the issue of the Labour Party candidate whether he submitted his NYSC certificate or not having attained the age of 30 years at the time of graduation, the 3- man justices ruled that it is not a qualifying and disqualification factor, adding that the petitioner failed to prove that the second Respondent was not qualified to contest the election, therefore, resolved issue in favour of the Respondent.
On the issue of whether there was over-voting as alleged by the Petitioners, the tribunal held that there are provisions of the New Electoral Act to prove but noted that Petitioners could not prove the allegations as alleged.
That third ground of the petition was dismissed, adding that the petitioners were not able to prove the issue of over-voting during the said election.
In light of the foregoing, the 3 man Panel in their ruling held that
the Petitioners failed to prove their case beyond reasonable double on the 3 grounds of Appeals and, therefore dismissed the petitions as prayed by the first and Second Petitioners respectively while upholding the victory of Dr Alex Chioma Otti as the winner of the said March 18, 2023, Governorship election.
In his response, OJ Owonikoko, SAN to the Respondents commended the Tribunal for taking time to give a judgement that was thorough and elaborate.
Whereas Counsel to the Petitioners, Barr Chukwuemeka Nwaogu said that this is a trial court, that they will apply for a certified true copy of the judgement, and meet with their clients to ascertain the next line of action.
He gave a hint of appeal after studying the ruling noting that all hopes are not lost yet until proven otherwise by the appellate court.
Meanwhile, the Tribunal adjourned temporarily for a break to continue the second petition before it was filled by High Chief Ikechi Emenike, the Governorship candidate of APC.
Similarly, the Tribunal also dismissed the petitions filed by the APC Governorship candidate, High Chief Ikechi Emenike against Dr Alex Otti of the Labour Party, stressing that he could not prove his case beyond a reasonable doubt on the grounds of applications sought to nullify the labour party’s victory as announced by Inec.
The Tribunal in the case of Emenike’s petition rationale behind the APC candidate on the suitability of Otti’s membership of the Labour Party that he was still a member of APC when he got the ticket of Labour while described him as a meddlesome interloper who interfered in a purely domestic matter of a political party he is not a member.
The second judgement took and lasted for over five hours from some minutes to 2 pm till 620 pm, the first petitioner, Emenike who came to a distant fourth position during the 2023 Governorship election had sought the nullification of the election results of the first Respondent, Alex Otti, second to 7th Respondents, after issues for determination, the three-man jurists dismissed his petition for lacking in merit.
Reacting over the judgement, Abia State Governor, Dr Alex Chioma Otti however dedicates Victory to Ndi Abia…
The Governor who was reacting to the victory in his Nvosi Country home, Isiala Ngwa South LGA, thanked Abians for their massive support before, during and after the elections.
He advised his opponents to sheath their swords and join hands with him to develop the state.
“My advice to my opponents is that this is a good time to sheath their swords and join hands with me to develop our state, Abia.
Anyhow you slice and dice it, it costs a lot of money to engage in litigation. while I will not ask them to bring the money to me I would advise that each of them have villages that are dilapidating, without roads, without water and I believe that their communities will appreciate it if they would channel those resources into building roads in their villages and communities”
He said the resources can be used to provide pipe-borne water and ensure that this state remains peaceful for the benefit of its inhabitants, Otti added.
Governor Otti asserted that his victory shouldn’t have been contested in the first place and expressed joy that the wishes of the people had come to fruition.
“If you follow the election and everything that happened thereafter, you will know that quite frankly this victory shouldn’t have been contested in the first place, but then, I also do not deny my opponents their rights to go to court”
He thanked the jurists and all those who ensured that justice prevailed in the end.
The Governor also thanked God for the victory and pledged to continue to serve Abians diligently, describing the victory as a reflection of the sacrifice made by Ndiabia in the 2023 Governorship election.
On his part, Hon Iheanacho Obioma, the Director General of Dr Alex Chioma Otti’s campaign organization held the Tribunal to uphold the victory of Dr Alex Otti.
He added that the victory is for a new Abia where everybody will be carried along in the scheme of things adding that there is nobody that is not important as far as the Labour party-led Government in Abia is concerned.
He added that Abians voted massively for Dr Alex Chioma Otti in the March 18, 2023 governorship election and that today the Tribunal has affirmed the people’s mandate, that Otti is going to take Abia to greater heights.
The learned Counsel to Dr Alex Chioma Otti, O.J Owonikoko SAN lauded the industry of the justices in delivering judgement in line with the choice of Abians who voted for his client.
Also reacting over the judgement, Barr Fabian Nwankwo the counsel to APC Governorship candidate, High Chief Ikechi Emenike commended the Tribunal for allowing him to ventilate their grievances over the 2023 election.
As for Chief Umeh Kalu, SAN, the counsel to Inec said the victory of Dr Alex Chioma Otti reflects the choice of Abians in voting for a candidate of their choice in the 2023 Governorship election in Abia.
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