The National Assembly Election Petitions Tribunals sitting in Lokoja, the Kogi State capital, and Umuahia, Abia State, yesterday nullified the elections of Abubakar Ohere as Senator representing Kogi Central senatorial district and Amobi Ogah as member representing Isiukwuato Umunneochi federal constituency.
In their steads, the tribunals declared Natasha Akpoti-Uduagan of the People’s Democratic Party (PDP) and a former member of the House of Representatives and incumbent minister of state for Labour, Hon Nkeiruka Onyejeocha of the All Progressives Congress (APC) as winners of the two National Assembly seats respectively.
Similarly, National Assembly (NASS) Election Petitions Tribunal, which nullified the election of All Progressives Congress (APC) Senator Ohere for Kogi Central senatorial district declared Akpoti-Uduagan as the winner of the February 25, 2023 contest.
The tribunal chairman, Justice K. A. Orjiako, who read the unanimous judgment of the 3-man panel, said Ohere’s results were inflated in 9 polling units of Ajaokuta local government area, while that of Natasha was intentionally reduced in the same nine polling units by INEC’s ward collation officers.
He stated that three other polling unit results were deliberately not entered for Natasha in the same local government area (LGA).
The court ruled that Natasha’s results in the nine polling units of Ajaokuta LGA was 1,073 against the 77 that was recorded by the ward collation officers, while that of the APC candidate, Ohere, was inflated to 1,553 from 1031.
“The tribunal is also convinced that the petitioner’s 996 votes in polling units 009, 046 and O49 polling units of Ganaja village of Ajaokuta LGA were deliberately not recorded at the Ward Collation centre,” the judge ruled.
The court said it is not the duty of collation officers to reject results submitted by presiding officers from polling units in elections that followed the electoral guidelines substantially.
Declaring Natasha winner of the poll, the judge declared: “The issues raised by the petitioner are hereby resolved in favour of the petitioners and after making the proper correction, Natasha Akpoti-Uduagan (PDP), having polled 54,074 against Abubakar Ohere (APC) who polled 51,291 is hereby declared the authentic winner.”
The tribunal subsequently ordered the 3rd respondent (INEC) to withdraw the certificate of return issued to Ohere and give same to Natasha.
The court chided INEC for deliberately going out of its mandate of conducting a free and fair election to conniving with political parties to subvert the will of the people.
It ordered INEC to pay N500,000 to Natasha for “subverting justice” in the senatorial election.
Responding to the judgment, counsel to Natasha, Johnson Usman (SAN), said the judgment has validated the true winner of the Kogi Central election.
“This is victory for the people of Kogi Central Senatorial district, victory for Kogi in general and victory for the election processes,” he said.
In his reaction, Ohere said he received the judgement of the tribunal in Kogi with “great shock.”
He said particularly worrisome to him is the aspect bordering on the tribunal’s decision that as respondent, he ought to have filed a cross-petition to be able to challenge votes in an election petition.
The senator said he felt strongly that the decision is contrary to Paragraph 15 of the First Schedule to the Electoral Act, 2022.
In a press statement he signed by him, Ohere said, “As a matter of fact, I presented before the tribunal through my team of lawyers, a decision of the Appellate Court which held that a Respondent does not need to file a cross-petition to challenge votes in an election petition, if the ground for challenging the election is “majority of lawful votes.
“While I am waiting for my team of lawyers to give me full details on the judgment, I urge all my supporters to be calm and peaceful as their mandate is not lost.
“I verily know that I have the option of appeal to the Court of Appeal which I shall exercise after due consultation with my lawyers.
“I am confident that we shall triumph at the next floor of justice by pointing to areas where we strongly disagree with the ruling. Your mandate shall be protected.”
For the tribunal verdict in Abia, the panel, while delivering judgement in the petition tagged EPT/AB/HR/8/2023, held that the nomination of Ogah did not comply with the provisions of the Electoral Act.
Hon Onyejeocha, in her reaction to the verdict, described her victory at the tribunal as one “ordained by God.”
She dedicated it to the people of her constituency, saying “they are the true heroes of democracy even in the face of intimidation.”
Onyejeocha who spoke through her special adviser on media and publicity, Emameh Gabriel, described the outcome of her petition as a natural result of the selfless work snatched away from her people through the backdoor.
The four-term member of the Lower House said God works in mysterious ways and no one can question His ways in the life of men.
She said, “Today, God has proven to be the ruler of the universe and has shown love to who He desired to bless even in the face of adversity and internal conspiracy.
The former deputy chief whip of the House Representatives described the celebration of her victory across the state and in her constituency today as a testament of the support from her people for the good foundation they have put in place together over the years and what they have achieved together as a family.
The minister commended the judiciary for rising up to the occasion even in the face of intimidation and several attempts to blackmail the noble body.
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