The Election Petition Tribunal sitting in Owerri, Imo State, has thrown out the petition of Prince Uche Nwole, the ANPP candidate in the last Senatorial elections challenging the election of Senator Amah Iwuagwu of PDP for lack of merit. Delivering its judgment which lasted for about two hours and thirty minutes, the tribunal chairman, Mr. Justice Oniyangi held that the petitioner was disentitled from enjoying the relief sought having failed to lead credible evidence to back the grounds of the petition. According to him, the tribunal having critically reviewed the statement of claim, defence and pleadings of the petitioner and the Respondents, it is satisfied that the petition lacks merit and as such affirms the declaration and return of the first Respondent, Amah Chibuzo Iwuagwu as duly elected to represent the Owerri Senatorial district in the National Assembly.
The Petitioner in his twenty-two paragraph petition urged the Tribunal to nullify the election of Amah Chibuzo Iwuagwu and declare the petitioner (Prince Uche Nwole) the winner on the grounds that the election was invalid by reason of non-compliance with the electoral Act 2002 and that the 1st Respondent (Amah lwuagwu) was not returned by a majority of lawful votes cast at the election.
Disagreeing with him, the Tribunal held that on the authority of Basir V. Sanni (1992) 4NWCR, not every act of non-compliance would invalidate an election and that since the Act provides for substantial non compliance which is not defined, the tribunal relied on reasoning in Victor Emeli V. Salami to hold that there was substantial compliance with the Electoral Act. On the claim by the petitioner that electoral materials were swapped to leverage the first Respondent, the tribunal held that there was no credible evidence to support the claim relying on the authority of Azudiba V. Ogunewe. Further, the Tribunal could not agree with the petitioner that the election was marred by corrupt practices since the evidence he led in support of the claim fell below the minimal standard of proof required in criminal cases like Electoral malpractice as held in Ede V. Eyo.
The petition was dismissed without costs since the counsel for the Respondents, Mr. C. J. lhemadu (holding the brief of Dr. Bon Nwakanma (SAN) and Mr. D.C. Dee Nwigwe did not ask for costs.
Owerri town was thrown into jubilation after the judgment in a matter that has lasted for over eight months.
Addressing journalists latter after being congratulated by Prince Liche Nwole (the Petitioner), Senator Amah lwuagwu thanked the people for their patience and praised the Tribunal for being painstaking and thorough.
He promised to be more focused now that the distraction is over.
