The Court of Appeal, Lagos Division, on Monday, affirmed the electoral victory of Senator Orji Uzor Kalu of the All Progressives Congress (APC), representing Abia North senatorial district of Abia State in the February 25 polls.
In a unanimous judgement, the Appeal Court upheld the judgement of the National/State Assembly Election Petitions Tribunal in Umuahia, Abia State, which earlier dismissed the petitions of the People’s Democratic Party (PDP) candidate, Mao Ohuabunwa, and that of Labour Party (LP), Nnamdi Iro Orji, for lacking merit.
The appellate court, while upholding the victory of Kalu, said the election of the former Abia State governor to represent Abia North in the Senate complied with the provisions of the Electoral Act.
The Appeal Court judges also faulted the arguments of both petitioners that the election did not hold in over 120 polling units, mainly in Ohafia and Arochukwu local government areas of the Senatorial district.
The court also set aside the prayers of Iro Orji, to disqualify Senator Kalu for having allegedly admitted before the Federal High Court that he was convicted of fraud.
The panel of Justices, in its ruling, held that there was no valid conviction of Senator Orji Uzor Kalu under Section 66 of the Nigerian Constitution as the said conviction had been nullified by the Supreme Court.
Further dismissing the appeals of Iro and Ohuabunwa, the panel also ruled that the appellants failed to prove their allegations of election not holding in some polling units.
The court, in its constitutional interpretation, also validated Kalu’s eligibility to contest the election, stating that his trial and conviction were quashed by the Supreme Court, while three other grounds canvassed by the LP candidate were dismissed in Kalu’s favour.
The National Assembly Election Petitions Tribunal sitting in Umuahia had upheld the victory of Senator Orji Uzor Kalu representing Abia North Senatorial zone in the February 25, 2023 polls.
A three man panel led by Justice Samson Paul-Gang in its unanimous ruling on Tuesday, September 12, dismissed the petition of Peoples Democratic Party’s Mao Ohuabunwa and Labour Party’s Nnamdi Iro Orji for lacking merit.
The court, while upholding the victory of Kalu of the All Progressives Congress (APC), said that the election of the former Senate Chief Whip compiled with the provisions of the Electoral Act.
The tribunal judges also faulted the arguments of both petitioners that election did not hold in over 120 polling units mainly in Ohafia and Arochukwu Local Government Areas of the zone.
Nnamdi Iro and Ohuabunwa who came second and third respectively, Labour Party, in separate suits had asked the court to overturn the election of the former Abia Governor as declared by the Independent National Electoral Commission, INEC, alleging irregularities.
Also thrown out out was the petition of the PDP and LP was the argument that the total number of registered voters in the said affected polling units was far above the margin of win between Kalu and the first and second runners-up.
The court also validated Kalu’s eligibility to contest the election stating that his trial and conviction was quashed by the supreme court.
Two other matters filed by the LP challenging Kalu’s election were also interpreted and laid to rest by the Tribunal judges and thus declared Kalu the duly elected Senator of Abia North.
Kalu, a Chieftain of the APC was declared winner by the INEC returning Officer for Abia North, Mr Chinedu Nnamdi at Ohafia.
Kalu, a two time lawmaker who currently chairs Senate committee on Privatisation and Commercialisation was declared winner by INEC of the February 25, 2023 Senatorial polls having scored 30,805 votes to defeat Nnamdi who got 27,540 votes.
While Kalu’s other opponent, Ohuabunwa of the PDP scored 15,175 votes to place third.
