ABUJA – The Abuja Division of the Court of Appeal, today,
affirmed that the former governor of Akwa Ibom state, Godswill Akpabio, was
validly elected to represent Akwa Ibom North-West Senatorial District in the
State.
In their judgment this afternoon, a three-man panel of
Justices of the appellate court led by Justice Mashood Oredola, dismissed the
appeal that was lodged against Akpabio by candidate of the All Progressives
Congress, APC, for the Senatorial District, Chief Inibehe Okori.
Chairman PDP Governors' Forum, Governor Godswill Akpabio of
Akwa Ibom State briefing State Houyse Correspondents on the meeting between
President Goodluck Jonathan and the aggreived PDP Governors at the State House,
Abuja. Photo by Abayomi Adeshida
File: Senator Godswill Akpabio.
The appellate court held that the Akwa Ibom State National
Assembly Election Petition Tribunal acted properly when it dismissed the joint
petition that Okori and APC filed before it on April 18.
According to the court, the appellants failed to by
preponderance of evidence, prove that Akpabio was not duly nominated by the People’s
Democratic Party, PDP, to contest the March 28 election.
According to the appellate court, the fact that Akpabio was
in an initial list that was sent to the Independent National Electoral
Commission, INEC, by the PDP, erroneously identified as the Senatorial
candidate for Akwa Ibom North East, did not invalidate his election.
It held that Akpabio was duly nominated for the election in
accordance with the provisions of section 65(2) of the 1999 constitution, as
amended, and section138 (1) of the Electoral Act.
”The tribunal was right to hold that no one was misled by
the mistake. The 1st Respondent was qualified and duly nominated by the 3rd
Respondent.
”There is abundant evidence that the electorates, including
the petitioners, were not in any way undecided as to the Senatorial District
which the 1st respondent was nominated to contest the election.
“The 1st Respondent have proved by credible evidence that he
was duly sponsored by the 3rd Respondent and was eminently qualified to contest
the election.
”The electorates that trooped out to vote on March 28 must
have their wishes and votes respected. The real essence of democratic practice
is to afford them the opportunity to express their wish through the ballot, so
as to have their say. Once they have spoken, their voice must not only be heard
but must be protected as well as respected.
“In the overall, this appeal lacks merit and is hereby
refused. The judgement of the tribunal delivered on October 14 is hereby
affirmed. There shall be no order as to cost”, the appeal court ruled.
The appellants had at the lower tribunal, contended that as
at March 28, 2015, Akpabio, was not qualified to contest for Akwa Ibom
North-West Senatorial Seat, having not been validly nominated or sponsored by
any political party in line with the provisions of section 65(2)(b) of the 1999
constitution, as amended.
The APC candidate equally placed reliance on section 31(1)
of the Electoral Act, which requires that political parties shall within 60
days to the election, submit a list of the candidates it would sponsor at the
poll to INEC.
The petitioners urged the tribunal to determine whether the
announcement/ declaration of the 1st respondent (Akpabio) as winner of the
Senatorial District was not invalid by reason of corrupt practices and
non-compliance with the Electoral Act, as amended.
It was also the argument of the petitioners that PDP
fielded no candidate for Akwa Ibom North-West Senatorial District, even as
they urged the tribunal to hold that all votes cast or allocated to the PDP
were void.
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