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Friday, August 13 2004

Vol 17 No.30

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  • New Page 19

    Tribunal upholds APGA’s victory in Imo

    EMMA OGU, Owerri

    IMO State Election Petition Tribunal has upheld the election of Hon. Uche Onyeagocha, the only All Progressives Grand Alliance (APGA) lawmaker from the state in the House of Representatives.

    Onyeagocha, who represents Owerri constituency, was dragged to the tribunal by the Peoples Democratic Party (PDP) candidate in the poll, Mr. Uche Ejiogu, challenging the APGA candidate’s election.

    In a three-and-half hour judgment on Wednesday, which was described by lawyers of parties involved in the suit as a "thorough job," Justice M.N. Oniyangi, dismissed the petition filed by the PDP candidate on the ground that "it lacks merit" and went further to uphold Onyeagocha’s victory.

    In arriving at its conclusion, the tribunal said it was satisfied that Onyeagocha won majority of votes cast in the election, that officials who conducted the said election were duly approved by the Independent National Electoral Commission (INEC) and that results produced were authentic and recorded in INEC’s authentic result sheets.

    Ejiogu had alleged that the said election was marked by malpractices and irregularities, that the poll was not conducted by returning officers duly appointed by INEC while results generated were altered and mutilated even as some results sheets were marred by incorrect entries.

    He said Onyeagocha did not win majority of votes cast and urged the tribunal to void the election.

    In the ruling that kicked off by 5.15 p.m. and ended at 8.45 p.m., the tribunal, after reviewing all the submissions and evidence adduced by counsel to both parties, said the petitioner failed to prove that the first respondent (Onyeagocha) altered the contentious result sheet of the election.

    Justice Oniyangi noted that Ejiogu failed to produce evidence that the second batch of electoral officers who collated the result of Owerri Municipal Council were not duly appointed by INEC.

    He noted in particular the testimony of Alhaji Yusuf Nnova, INEC officer in charge of logistics, who said that INEC conducted the election in accordance with guidelines and that all electoral officials who participated in the poll performed their duties under delegated authority of INEC Resident Electoral Commissioner.

    "We therefore, discountenance the submissions of the petitioner. We also dismiss the case as it is totally lacking in merit. Presiding officers should have been joined in the suit to tell the story of what happened in the said polling booths being counted. The tribunal therefore upholds the election of the respondent and duly elected candidate in the said election," Oniyangi held.

    Onyeagocha who was carried shoulder high by APGA supporters after the judgement, told journalists that the verdict was a victory for the masses and for all Owerri people.

    Tension had reigned at the venue of the tribunal as the ruling scheduled to hold at 9.00 a.m. could not start till evening time.

    Before delivering judgement, Justice Oniyangi apologised for the late arrival of members of the tribunal reminding the people that he and his men sit from morning till night daily.

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