Ebonyi:Another PDP Lawmaker Upholds Victory at Tribunal

By Nwogha Ndubuisi Andy

 The national assembly tribunal sitting in Abakaliki, Ebonyi state on Thursday gave ruling on a petition filed by Hon Nshi Uchenna Mbam of All Progressive Congress (APC) seeking for nullification of the declaration of Rt Hon Sylvester Ogbaga of People Democratic Party (PDP) as the winner of an election conducted in Abakaliki/Izzi Federal Constituency for non compliance to electoral guide line. The petitioner through his counsel Barr Michael Odo Esq requested for re run as the election according to him was marred by electoral irregularities.
At the beginning of the hearing, counsel to the first respondent Arthur Obi Okafor (SAN) prayed the tribunal court to strike out the case for being vague, lack of clarity, ambiguous, lack of specification and as a mere speculations as the petitioner failed to identify any cause of action in the petition raised.
SOME POINTS ARGUED
  • Petitioner cited civil cases as electoral matters.
  • Unable to provide probative values to an exhibit tendered thereby expecting the tribunal court to rely on a hear say evidence which is inadmissible in the law court according to evidence act 2011 .
  • The petitioner claimed that all the polling units, the 28 wards of the two LGA and the entire constituency were marred by electoral irregularities which affected the election result and prayed for its cancellation but failed to provide polling agents, ward agents and LGA agents of the constituency to give testimonies on how the irregularities occurred or present any evidence of how the irregularities were recorded.
  • The petitioner stated there were alteration in the result sheet but failed to present any exhibit or witness to that effect as to compare the one signed by poll agent and the one presented to the Returning Officer as claimed.
  • The petitioner claimed that the election recorded vote buying in some areas within the constituency and the thugs led by one PDP House of Assembly aspirant disrupted election at Ovuoba Polling Unit. This according to the petitioner scared his supporters from participating in the voting exercise. The tribunal court held the fact that such is a criminal offence but witness to the petitioner did not justify their claim. No witness to testify that he or she was denied voting at the said Polling Unit, no witness to testify that he or she was present when the said aspirant entered with thugs and how the sporadic shooting started or scared voters away, either voting has commenced when the incident occurred or not , whether there was an eye witness or not and any evidence to back up the allegations. Thereby expecting the tribunal court to rely on a hear say or mere speculations.
  • The tribunal court examined the paragraphs in the submission of both petitioner and the respondents, where counsel to the first respondent prayed the tribunal court to strike out the petition for being full of unsubstantiated allegations and name callings.
JUDGMENT
The tribunal court dismissed the prayer of the petitioner to cancel the election held in all Polling Units, wards and two LGA of the constituency for lack of merit and upheld the declaration of Rt Hon Sylvester Ogbaga as a winner of the election.
The tribunal court also awarded the cost of One Hundred and Fifty Thousand naira only (#150,000.00) to the first and second respondents for their expenses. And also awarded Eighty Thousand naira only (80,000.00) to the third respondent. The total fine of Three Hundred and Eighty Thousand naira is to be paid by the petitioner.
Congratulations
  • Rt Hon Sylvester Ogbaga,PDP
    Member Representing
    Abakaliki/Izzi Federal
    Constituency.


Comments

Post a Comment

Popular posts from this blog

End time : Villagers Sack Church, Strip Pastor Naked

  ...Another Matcheted in Ikwo By Agada Anyanele It is indeed a perilous time for the church, as thousands of Christians are being persecuted for their faith in Christ. This is seen in the case of Adoration Ministry Power, at Ekpelu village  in Ikwo LGA of Ebonyi State, where a pastor of the church, was stripped naked for attending church service. According to the pastor of the church, Prophet Chibata N.Big Breeze, disclosed that his church has been facing great persecution in Ekpelu village, which has led to the church being sacked in the village. He lamented the degree of hostility among the villagers mostly the vigilante who constantly harass and detain his members on their way to church. He decried that two Sundays ago, his colleague pastor was attacked, brutally beaten and stripped naked after several attempt to stop her from attending the church, while members where unlawfully detained by vigilantes at night in effort to stop them from attending night vig...
Read more

2023 Presidency: PDP Youths Endorse Senator Anyim

Image
BY NDUBUISI NWOGHA , ABAKALIKI A major support group of the Ebonyi state Peoples Democratic Party, Ebonyi People's Movement for Anyim Presidency on weekend endorsed the PDP presidential aspirant, Sen. Anyim Pius Anyim in his Ishiagu Country home, Ivo LGA of the state. According to statement presented by the national president, Comrade Obiya Sabastine, said the adoption of His Excellency Anyim Pius Anyim was spurred by the enviable track records of the former Secretary to the federal government whose eloquent antecedents has proven him worthy of the position. The national president Ebonyi People's Movement, Comrade Obiya emphasized the need for all leaders of Igbo extraction to rally round the former president of Nigeria senate who according to him has garnerd alot of leadership experiences enough to return the country to it's eldorado. He noted that the pro-democracy group which was formed after the most peaceful generally accepted state party congress that saw the ...
Read more

Man Convicts 7-Yrs For Pouring Acid On Lawyer In Ebonyi

Image
BY MBAM EJIKE, ABAKALIKI High Court sitting in Abakaliki on weekend convicted Mr. Njoku Shedrack who poured acid/corrosive substance on Chukwunonso Caleb Onwe Esq, a member of Abakaliki Branch of NBA and sentenced him to 7 years imprisonment without an option of fine. In delivering the judgment in Charge No. HAB/151C/2020- State v. Njoku Shedrack, the court presided over by Hon. Justice I.P Chima held that the prosecution proved beyond reasonable doubt that it was the defendant who poured acid on the lawyer on 1/10/2019 without any justification and accordingly convicted him for the offence of Assault Occasioning harm. Reacting to the judgment, the Prosecution counsel J.U Chukwu, Assistant Chief State Counsel thanked the court for doing justice in the matter. Similarly, the defendant' s counsel Odiegwu Ibekwe, Esq.thanked the court for delivering a well considered judgment stating that courts should always ensure that justice is done in all circumstances.
Read more