The Independent National Electoral Commission (INEC) has rejected the
judgment of the Court of Appeal, Owerri Division which declared Alex
Otti,ý the governorship candidate of the All Progressives Grand Alliance
(APGA) winner of the state governorship elections.
The commission has therefore asked the Supreme Court to set aside the
judgment of the Court of Appeal and its place to uphold the judgment of
the Abia Governorship Election Tribunal which upheld INEC’s declaration of
Dr Okezie Ipeazu of the Peoples Democratic Party as winner of the
election.
In a brief or argument settled by INEC’s lead counsel, Chief Adegboyega
Awomolo, SAN who led a team of other senior lawyers including, Dr Livy
Uzoukwu, SAN, A.B. Mahmoud, SAN, H.M. Liman, SAN, Ahmed Raji, SAN among
others, the commission said that it was Ikpeazu who won the election and
not Otti.
INEC informed the Supreme Court that another panel of the Court of Appeal
upheld elections in respect of House of Assembly seats in Osisioma Local
Government Area and Isiala Ngwa North Local Government Area wýhich took
place on the same day the governorship election was conduct.
It will be recalled that in declaring Otti winner of the election, the Court
nullified the governorship election in the local government areas stated
above.
INEC said: “Before concluding, we crave the indulgence of the court to very
respectfully refer to an intriguing issue.
“It is the fact that the court below, though differently constituted
confirmed on appeal elections in respect of House of Assembly seats in
Osisioma LGA and Isiala North LGA which took place simultaneously with the
Abia Governorship same day, time, in the same polling units and where
voters were accredited using the samevoters; registers and card readers.”
INEC further said that the Court of Appeal was wrong in law when it
cancelled the results of elections in three local government areas of Abia
State.
It said “The conclusion that Otti and not Ikpeazu won majority of the
valid votes cast at the election is neither borne out of the record nor
justified under the law.”
According to the commission, the court of appeal should have dismissed
Otti’s appealý having found that a Returning Officer has no power to
cancel election results having regard to the provisions of Section 68 (1)
of the Electoral Act 2010 as amended.
The commission also said that Otti’s notice of appeal at court of appeal was
incompetent and should have been dismissed for lack of jurisdiction.