The Court of Appeal in Abuja, yesterday voided the elections that
produced two Senators From Rivers State – Osinakachukwu Idoezu (Rivers
South-West Senatorial District) and John Olaka-Nwogo (Rivers
South-East).
The court, in a judgment, held among others, that the Independent
National Electoral Commission (INEC) failed, in its conduct of the
elections, to comply substantially with the provisions of the Electoral
Act and other guidelines for the March 28, 2015 National Assembly
Election.
The sack of Idoezu and Olaka-Nwoga yesterday brought to three the number of Senators sacked in Rivers State by the Appeal Court.
The Court had in a judgment on Thursday evening, nullified the
election of George Thompson Sekibo, representing Rivers East Senatorial
District.
The appellate court, in a judgment on an appeal by Andrew Ibonule
Uchendu and his party, the APC, upheld the appeal and upturned the
decision of the Rivers State National Assembly Election Petition
Tribunal that sat in Abuja earlier this year.
Also on Thursday, the court annulled the elections of Kingsley Ogundu
Chindah and Blessing Nsiegbe (PDP) representing Obio/Akpo Federal
Constituency and Port-Harcourt 2 Federal Constituency of Rivers State.
The appeals, in respect of which the two judgments were given, marked
CA/A/EPT/624/2015 and CA/A/EPT/625, filed by Anthony Chinedu Okocha and
Collins Owhondah of the APC.
Yesterday’s appellate court’s judgment was on the appeals by Magnus
Abbe and Otelemagba Dan-Amachree (of the All Progressive Congress.
Justice Ali Gumel, in the lead judgment, held that the conduct of the
election that produced the sacked senators failed to meet the
requirement under the Electoral Act.
The judge was specific that by the court’s finding, lawful accreditation did not take place in majority of the voting centres.
Justice Gumel held that from the available evidence, including the
ones led by INEC and the appellants, the election of March 28, 2015 in
Rivers State, did not conform with set guidelines such as the use of
voter card reader machines, voter register and other election
guidelines.
He noted that from available evidence, all the polling units in the
two senatorial districts abandoned the use of card reader machines,
thereby giving way to manipulations.
The judge added that there was no proper accreditation of voters on
election day as required by law, adding that election without
accreditation, as in the instant case cannot stand in the face of the
law.
He held that an act done in contravention of the law is nothing but a nullity and illegality.
He upheld the appeals and ordered INEC to conduct fresh elections in the affected senatorial districts within 60 days.
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