Nnamani of the People for Democratic Change, PDC, had approached the National Assembly Election Petitions Tribunal where he challenged Nnaji’s victory as declared by the Independent National Electoral Commission, INEC.
Consequently, the tribunal had on October 13, in its judgment read by Justice M.O. Adewara of Kwara High Court, agreed with Nnamani that the election was fraught with substantial irregularities and non-compliance with the 2010 Electoral Act. But Nnaji appealed the judgment in suit No: CA/B/38/2015, praying the appellate court to set aside the judgment of the lower court.
He had insisted that the alleged irregularities were not substantial enough to cancel the poll even as he maintained that he won the election.
In a judgment by the three-man appeal panel led by Justice A.H. Yahaya, the court held that, “the respondent (Nnamani) failed to prove that substantial irregularities marred the election.
The evidence adduced from PW5 (forensic data analyst) only covered three out of the six Local Government Areas that constitute the senatorial district. As such, it could not prove substantial irregularities. I hereby set aside the judgment of the lower court and uphold Nnaji’s victory as declared by INEC.”
In a related development, the Appeal Court equally upheld the election of Chukwuemeka Ujam, representing Nkanu East/ West Federal Constituency.
His election was challenged by candidate of PDC, Nnoli Nnaji, over alleged non-qualification and possession of 4,000 PVCs. Delivering judgment on the appeal brought before it by Nnaji, court described the appeal as an “academic exercise.”
“The appeal lacks merit and should never have been brought before an Election Petition Tribunal. Since it is a matter of qualification, the appellant is from a different political party, he should have approached the Federal High Court. The appeal is hereby rendered a nullity and the first respondent’s victory (Ujam) upheld,” it added.
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