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Appeal Court upholds Obi's election
From Charles Collins and Lawrence Njoku, Enugu
THE motion brought by embattled Senator Godson Abana asking the Court of Appeal, Enugu to set aside the May 4, 2004, ruling by an election tribunal which gave victory to Chief Ben Obi has been refused.
The Court of Appeal rather upheld the ruling of the Justice Ayo Salami-led tribunal in Awka which returned Obi as the Senator-elect for Anambra Central Senatorial District.
However, Abana said he would go to court to ask for stay of execution of the judgment, adding that he has about three cases in Appeal and High courts against Obi.
Dismissing the request, the court noted that the earlier judgment was in order as it accorded all the parties fair hearing, adding that Justice Salami's decision of May 4, 2004, was constitutional and final.
In that verdict, a N10,000 cost was awarded against Abana.
In the same vein, the Appeal Court upheld the election of Mr. Okwudili Uzoka for Ogboru Federal Constituency.
The court dismissed the appeal brought against Uzoka with a N5,000 cost in his favour as it re-affirmed the ruling of the Garba Nabaruma-led tribunal sitting in Awka.
Uzoka is a re-elected member of the House of Representatives on the platform of the Peoples Democratic Party (PDP).
The court also reserved judgment to a yet-to-be-determined date in the matter between Senator Emma Anosike and Mrs. Joy Emordi. The matter is to determine who between the two was the actual candidate of the PDP in the last senatorial election for Anambra North zone.
In his submission, much of which was written, Chief Wole Olanipekun (SAN), counsel for Senator Anosike, pointed out that the form EC8E-INEC result sheet tendered by Emordi was mutilated and forged either by her or someone else.
He also said that her petition was not signed in accordance with the provisions of the Electoral Act, adding that it was signed on behalf of the counsel whose name appeared at the foot of the petition, contrary to the demands of the Electoral Act.
Olanipekun also observed that the video cassette on which the lower tribunal based much of its inference was tendered by an established fraudster, Dauda Ajagu, who lied repeatedly on oath claiming to be a member of staff of Africa Independent Television, (AIT), whereas the General Manager of the station, Mr. Kenny Elisha, came to court to debunk Ajagu's claim.
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