Thursday, 4 February 2016

SUPREME COURT OVERTURNS JUDGEMENT, AFFIRMS IKPEAZU AND UDOM GOVERNORS OF ABIA AND AKWA IBOM.


The Supreme Court on Wednesday affirmed the elections of Governor Udom Emmanuel of Akwa Ibom State and Dr. Okezie Ikpeazu of Abia State.

A seven-man bench, presided over by the Chief Justice of Nigeria, Justice Mahmud Mohammed, unanimously affirmed the governors’ elections after upholding their separate appeals against the judgments of the Court of Appeal, which had ordered their removal from office.

The decisions of the Supreme Court put paid to the legal actions initiated against Emmanuel and Ikpeazu, who contested the elections on the platform of the Peoples Democratic Party on April 11, 2015, by their arch rivals.

While Emmanuel’s election was challenged by the candidate of the All Progressives Congress, Mr. Okon Umana, that of Ikpeazu was challenged by All Progressive Grand Alliance’s candidate, Dr. Alex Otti.

The Abuja Division of the Court of Appeal had nullified the Akwa Ibom State governorship election in the entire 31 local government areas of the state on December 18, 2015, while the Owerri Division of the appeal court removed Ikpeazu and declared the APGA candidate, Otti, the winner of the election in Abia State on December 31, 2015.

The apex court delivered its judgments at about 9.50pm on Wednesday after marathon hearings which lasted for about 12 hours.

The apex court on Wednesday delivered separate judgments on nine separate appeals and cross-appeals which emanated from the earlier verdicts of the Court of Appeal.

The final judgments were delivered after the seven Justices of the apex court resumed from an hour break, which they took to arrive at their decisions after the hearings.

Justice Chima Nweze, who delivered the lead judgment with respect to the Akwa Ibom poll, held that the appeal by Emmanuel against the judgment of the Appeal Court succeeded.

Justice Nweze said, “There is considerable merit in the complaints of the appellant against the judgment of the lower court.

“I find merit in the appeal and the judgment of the lower court is hereby set aside.”

Similarly, Justice Suleiman Galadima, who delivered the lead judgment with respect to the Abia State governorship poll, also held that Ikpeazu’s appeal succeeded.

The apex court affirmed the governors’ declaration as winners of the April 11, 2015 governorship election by the Independent National Electoral Commission.

The apex court reserved till February 15 to give the reasons for its decisions with respect to the Akwa Ibom appeal.

The reasons for the Abia State governorship election was reserved till February 26.

Umana, had recorded a partial victory at the election petitions tribunal, which, in its judgment on his (Umana’s) petition, ordered rerun in 18 out of the 31 local government areas of the state.

Umana’s victory was made total in a judgment delivered by the Abuja Division of the Court of Appeal on December 18, 2015, which set aside the verdict of the tribunal and nullified the election in the entire 31 local government areas.

The Court of Appeal had dismissed an appeal by Emmanuel challenging the judgment of the tribunal but upheld the cross-appeal by Umana who had sought a total cancellation of the results on the grounds of irregularities.

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