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Appeal Court Reaffirms Gov. Udom’s Election

Published

5 years ago

Nov 13, 2019.

The Court of Appeal sitting in Calabar has reaffirmed the election of Governor Udom Emmanuel as winner of the March 9, 2019 election in Akwa Ibom State.

In a unanimous judgement on Wednesday in Calabar, the five-man Appeal Panel preceded over by Justice Adzira Gana Mshehia all agreed with the lead judgement read by Justice Tunde Awotoye.

The judgement, which awarded a cost of N500, 000 against the appellant in favour of only the first respondents, Governor Udom Emmanuel read in parts: “The appellants complained of irregularities in 756 polling units, they called a total of 43 witnesses. 17 of whom were polling agents.

“So in over 700 units complained about, the appellant did not lead any evidence of non-compliance alleged.

“It’s at the polling units that votes are cast. The primary evidence of a result of an election is the results from the polling units.

“The evidence adduced was not substantial enough to affect the result of the election.

“Any proven irregularity and non-compliance has not been shown to be broad-based and substantial enough across the polling units in Akwa Ibom State, in order to result in the nullification of the entire election.

“It seems to be a fallacy, a delusion for the appellant to believe that the quality of the evidence, he adduced established non-compliance and substantially affected the result of the election.

“The petitioner must not only assert but must be able to satisfy the court that the non-compliance affected the result to justify nullification.

“The non-compliance has to include the polling units, wards and local government complained about. And where documentary evidence is relied upon, it has to be demonstrated in court through the testimony of witnesses.

“The law stipulates that an election shall not be invalidated by the reason of non-compliance with the provisions of the electoral act if the election was conducted substantially in accordance with provision of the Act.

“And that the non- compliance did not affect the result of the election, substantially – See section 139, sub section one of the Electoral Act”.

All the legal counsels representing both the appellants and the respondents in the case accepted the judgement and no indication was given if the APC governorship candidate will challenge the judgement to the Supreme Court.

Giving his reaction to the judgment, the Attorney General and Commissioner for Justice in Akwa Ibom State, Uwemedimo Nwoko Esq, said the judgment “is exactly what was expected in the sense that by the time we went through the trial processes and procedures in the trial tribunals, it was very evident that the petitioners now appellant did not make any conscious efforts to prove their case.

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