Appeal Court Nullifies A’Ibom Gov Udom Emmanuel’s Election…Orders Fresh Poll In All 31 LGAs

The Court of Appeal in Abuja on today nullified the entire April 11, 2015 governorship election in Akwa Ibom state that produced Governor Emmanuel Udom of the Peoples Democratic Party on account of gross irregularities in the election.

Consequently, ‎the court in a unanimous judgment ordered that a fresh election be conducted within 90 days across all the 31 local government areas of the state in compliance with the Electoral Act 2010.

Delivering judgment in an appeal filed by the governorship candidate of the All Progressives Congress ( APC), Umana Okon Umana, the appellate court set aside the judgment of the state governorship election petition tribunal delivered on October 21 which nullified the election only in 18 out of the 31 local government areas of the state.

A panel of five justices of the court of appeal, headed by Justice Oludotun-Okojie held that, having established that the irregularities in the election were state wide, the tribunal ought not to have spared the remaining 13 local government areas.

The appellate court justices held that the evidence from all parties showed that there was no collation during the purported election and as such, election cannot be said to have been conducted under that circumstances.

Jutice Oludotun-Okojie also said that the non substantial compliance with the electoral act in the conduct of the election, entitles the lower tribunal to have nullified the entire election held in the state.

According to the court, there was no dispute that the votes cast on the election day exceeded the number of accredited voters for the election, adding also that in the face of the malpractices , Governor Udom could not have been said to have scored the majority of the lawful votes cast.

According to her, 437, 128 voters were accredited for the election, while over 1, 222, 885 votes were said to have been cast showing an excess of 685, 780 votes accredited for the poll.

She added that based on some provisions of the law and simple arithmetic, no one needs a soothsayer to conclude that there was over voting in the entire election in the state.

The APC governorship candidate, Umana Okon Umana had appealed against the judgment of the state governorship election petition tribunal which on October 21 cancelled the poll in 18 and upheld election in the remaining 13 local government areas in the state.

In the appeal argued by his lawyer, Chief Wole Olanipekun ( SAN), Umana prayed the court for cancellation of the entire election, in view of the failure of the Independent National Electoral Commission (INEC) to comply with the Electoral Act and guidelines for the election. He said INEC’S document showing the over voting was not disputed by any of the parties in the matter.

Meanwhile, a former minister of petroleum resources and member, PDP Board of Trustees, Chief Don Etiebet has described the nullification of Mr Udom Emmanuel’s election as “impunity of justice.”

Reacting to the verdict which has thrown a section of Akwa Ibom State into mild jubilation on Friday evening, Etiebet said that he was very excited by the judgment which he said was more than what more money could buy.

“May God bless those judges that have given the Nigerian downtrodden people hope that one day they would always have the opportunity and freedom to elect leaders of their choice.”

Reminded that his celebration come too early as Mr Emmanuel was heading to the Supreme Court to challenge the ruling of the appellate court, Chief Etiebet said; “That is expected. The supreme court would look at the fact of the judgment of the appeal court; and I know everything was quite legalistic, constitutional and up to the point; no ambiguity whatsoever.

“But if I were Mr Udom Emmanuel, I would not even go the Supreme court .I would say; ‘Okay, we say we can always win many times, there is no need going to the Supreme Court. Let’s go for the election.’ That is what they should do if they know they can win even if election is conducted ten times.

“For me they are wasting time to collect the next month allocation. Otherwise since they say that they can always win in Akwa Ibom State, why take the problem of going to the Supreme Court? They should say let’s go for election anytime from now.”

There are however indications that the governor has asked his legal team to file an appeal at the Supreme Court to explore the possibility of upturning the judgment of the appellate court.