ENUGU— The National Assembly Elections Petition Tribunal sitting in Enugu, on Tuesday, upheld the February 23 election of Senator Chukwuka Utazi of the Peoples Democratic Party, PDP, representing Enugu North Senatorial District at the Red Chamber.
Striking out the petition filed by Barrister Eugene Ogbonna Odoh of the All Progressives Congress, APC, challenging the election of the senator, the Tribunal panel held that the petition lacked merit.
Odoh, through his counsel, Mr. H.A Bello in their petition, had asked the three-man Tribunal panel to quash and declare null and void the election that produced Utazi, citing that the Independent National Electoral Commission, INEC, failed to comply with the provisions of the Electoral Act which amounts to “putting the cart before the horse.”
The APC candidate also claimed that INEC allegedly announced the result of the election even before the final collation.
According to him: “INEC declared return before collation. Return was declared on 23rd of February, 2019, whereas substantial collation was done on the 24th of February, 2019.
“So, we have shown substantial non-compliance with the provisions of the Regulation 37 of the INEC guidelines.
“Compliance to these guidelines are mandatory, compulsory and non-compliance renders the step taken in wanton disobedience a nullity.
“For these reasons, we urge Your Lordships to grant all the reliefs sought by the petitioners.”
However, in a swift counter submission by counsel to the 1st Respondent(Senator Utazi), Barr. A.J. Offiah, argued that “proceedings here witnessed a total abandonment of the case as pleaded by the petitioners, by their failure to produce evidence on the facts pleaded; that’s the scenario.
“That is complete failure; that is total collapse of the case. The petition died on the period evidence.
“What we are doing here now is the wake-keep, in preparation for the final burial; we are asking the Court to dismiss the petition.”
In his ruling, however, the three-man Tribunal panel of justices led by Justice H.H Kerang said the petitioners failed to prove allegations of non-compliance with the electoral laws.
According to Justice Kerang, “the petition lacked merit and the election of the first respondent is hereby upheld and I hereby award the cost of N250,000 in favour of the 1st, 2nd and 3rd respondents against the petitioners.”
