Tribunal Upholds Dimobi, Ezeigwe's Elections
Anambra
From Charles Onyekamuo in Awka
Reconstituted Election Peti-tion Tribunal for retrial of petitions arising from the 2003 House of Assembly elections in Anambra State yesterday, in Awka, upheld the elections of Mr. Joseph Dimobi (PDP) Anaocha I constituency and Mrs. Njideka Ezeigwe (APGA) Ogbaru I constituency as members of the State House of Assembly.
Dimobi's election is being challenged by Michael Joe Onwudinjo (APGA) who claimed that Dimobi was not the PDP candidate for the election and that there were irregularities including "snatching of ballot boxes, falsification of figures and fighting at polling stations during the elections.
He also claimed that the return of Dimobi (1st respondent) was invalid for not been returned with the majority of lawful votes. He said he scored the majority of lawful and valid vote and prayed the tribunal to declare him winner. Mr Benson Nwawulu (PDP) is challenging Mrs. Ezeigwe's election.
The former panel which had since wound up had listened to the petitions brought against the duo which it struck out on technical grounds, thus prompting the petitioners' recourse to the court of Appeal in Enugu. The Appeal court however had to order retrial of the petitions on their own merits.
Delivering judgement, the chairman, of the Tribunal, Justice Abdullahi Yusuf, noted that though the petitioner, Onwudinjo called 17 witnesses as against the first respondent's seven and formulated seven issues for determination during the address as against the respondent's three which included whether the first respondent was qualified to contest the election and whether he was elected by majority of lawful valid votes, the court he said found that all the averments in his petition led to no issue.
The court, he said, found that Mr. Dimobi was nominated and sponsored by the PDP for the election and that the issue of forgery which Onwudinjo claimed is a criminal offence which required proof beyond all reasonable doubt.
Justice Yusuf, who read from a typed text said petitioner's claim that the election was marred by irregularities was denied by two sets of respondents in their addresses, and are criminal allegations which require proof; adding that the petitioner could not prove his allegations of fraud and rigging and neither was he able to prove averments contained in his petition on state managed fight by PDP at the polling stations.
The court also disagreed with averments of the Onwudinjo on cancellation and tabulation of results because witnesses called by Onwudinjo except (Pw 2) and (Pw 8) are party agents with vested interest in the petitioner and not INEC's accredited agents.
Onwudinjo said at the end of the judgement that the court's decision was unfair and most illogical, even as he indicated his intention to head for the Appeal Court.
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