The Court of Appeal, Abuja Division,
yesterday nullified the election of Governor Emmanuel Udom of Akwa Ibom
State and ordered a re-run within 90 days. Delivering judgment in an
appeal filed by the governorship candidate of the All Progressives
Congress (APC), Umana Okon Umana, the appellate court set aside the
judgment of the state election petition tribunal delivered October 21
which nullified the election in 18 out of the 31 local government areas
of the state.
In a unanimous judgment of a panel of five justices led by
Oludotun-Okojie held that having established that the irregularities
were state-spread, the tribunal ought not to have spared the remaining
13 local government areas.
The appellate court justices held that the evidence from all parties showed that there was no collation during the purported election and as such, election could not be said to have been conducted under that circumstance.
Justice Oludotun-Okojie also said that the non-substantial compliance with the Electoral Act in the conduct of the election, entitles the lower tribunal to have nullified the entire election held in the state.
The appellate court justices held that the evidence from all parties showed that there was no collation during the purported election and as such, election could not be said to have been conducted under that circumstance.
Justice Oludotun-Okojie also said that the non-substantial compliance with the Electoral Act in the conduct of the election, entitles the lower tribunal to have nullified the entire election held in the state.
According to the court, there was no dispute that the votes cast on the
election day exceeded the number of accredited voters, adding that in
the face of the malpractices, Udom could not have been said to have
scored the majority of the lawful votes cast.
The APC governorship candidate, Umana Okon Umana had appealed against the judgment of the state governorship election tribunal which on October 21 cancelled the poll in 18 and upheld election in the remaining 13 local government areas in the state.
In the appeal argued by his lawyer, Chief Wole Olanipekun (SAN), Umana prayed the court for cancellation of the entire election, in view of the failure of the INEC to comply with the Electoral Act and guidelines for the election.
The APC governorship candidate, Umana Okon Umana had appealed against the judgment of the state governorship election tribunal which on October 21 cancelled the poll in 18 and upheld election in the remaining 13 local government areas in the state.
In the appeal argued by his lawyer, Chief Wole Olanipekun (SAN), Umana prayed the court for cancellation of the entire election, in view of the failure of the INEC to comply with the Electoral Act and guidelines for the election.
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