The Ebonyi State Governorship Election Tribunal, sitting in Abuja, on Friday, reserved judgement on two petitions seeking to upturnGovernor Francis Nwifuru‘s victory in the last election in the state.
Mr Nwifuru was elected Ebonyi State governor on the platform of the All Progressives Congress (APC) in March.
However, the Peoples Democratic Party (PDP) and the All Progressives Grand Alliance (APGA), in their separate petitions, urged the tribunal’s three-member panel headed by Lekan Ogunmoye, to nullify Mr Nwifuru’s victory on account of his non-qualification for the election.
Closing arguments
At Friday’s proceedings, PDP’s governorship candidate, Chukwuma Ifeanyi, through his lawyer, Chris Uche, contended that the APC did not properly nominate Mr Nwifuru to fly its flag at the polls.
Referencing the Evidence Act, Mr Uche, a Senior Advocate of Nigeria (SAN), told the court that the “membership
register (Enwanweigwe Ward) for the” APC “did not come from proper custody as it ought to be certified if it came from” INEC” as required by the law.”
He further contended that the purported statements of the poll results from the polling Unit in Ebonyi State Local Government Areas” were not tendered by the polling unit agents and did not satisfy the condition in Section 137 of the Electoral Act 2022.”
“The above documents are therefore patently inadmissible and, having been wrongfully admitted, ought to be expunged…”
Mr Uche prayed the court to affirm his client’s petition and declare Mr Ifeanyi the duly elected governor of Ebonyi State.
In the second case challenging the governor’s victory, APGA’s governorship candidate, Benard Odoh, a professor, urged the court to overturn the Ebonyi governor’s election on the ground of non-qualification.
Mr Odoh’s lawyer, Jibrin Okutepa, a SAN, argued that Mr Nwifuru, “who was until and after the election, a member of the Ebonyi State House of Assembly and also occupied the office of the Speaker of the house under the platform of Peoples Democratic Party (PDP) was not qualified to contest the election to the seat of Governor of Ebonyi State conducted by the” the electoral commission.
But Mr Nwifuru’s lawyer, Onyechi Ikpeazu, a SAN, prayed the court to dismiss the suits for being unmeritorious.
Mr Ikpeazu argued that Mr Nwifuru while serving as Speaker of the Ebonyi State House of Assembly, resigned his membership of the PDP and joined the APC before vying for the governorship primary election of the latter.
He also presented APC’s membership register containing Mr Nwifuru’s details for Enwanweigwe Ward, the governor’s country home.
After listening to lawyers closing arguments, the tribunal chair, Mr Ogunmoye, said a date for judgement would be communicated to parties in the suits.
Background
The electoral umpire declared Mr Nwifuru as the winner of the state’s election, triggering a couple of suits to set aside the poll.
Mr Nwifuru polled a total of 199,131 votes across the 13 local councils in the state to beat his closest rival, Mr Ifeanyi of the PDP, who scored 80,191 votes.
In addition to Mr Nwifuru’s alleged non-qualification, Mr Ifeanyi and the PDP, in their joint suit, argued that Mr Nwifuru failed to secure the majority of lawful votes during the contest.
The petitioners contended INEC breached the Electoral Act in its conduct of the election.
But INEC lawyer, Oladipo Tolani, disagreed with the petitioners, arguing that the electoral umpire complied with the law while conducting the polls.