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Tuesday, 16 February 2016

Supreme Court gives reasons for affirming Akwa Ibom, Delta, Oyo, Yobe elections

The Supreme Court on Monday adduced reasons for affirming Udom Emmanuel of the Peoples Democratic Party (PDP) as validly elected governor of Akwa Ibom.




Justice Chima Nweze, who gave the reasons, said that the decision of the lower court was a mis-judgment based on only facts and not on the provisions of the laws.
Nweze said the decisions of the lower court swayed the guidelines of the Independent National Electoral Commission (INEC) on the use of card readers for the election.

He further held that the lower court denied the governor fair hearing.
“From the study of the evidence brought before us Udom Emmanuel won the highest lawfully cast votes.
“This has placed the court to set aside the judgments of the two lower courts as the other parties challenging his victory could prove otherwise.
“The lower courts were wrong to have cancelled elections in 18 and subsequently the entire 31 Local Government Areas of the state on the basis of non-compliance,’’ he held.

“While we commend the introduction of the card readers, the innovation, however, cannot supersede the voters register.
“The extant laws of the federation provides for the use of voters register but the card reader irrespective of its importance does not have a place in any extant law of the land,’’ Nweze held.
Nweze, therefore, held that the tribunal was wrong to base it judgment on non-compliance with the use of card readers.
On allegation of violence and irregularities during the election, Nweze said Umana Umana and the All Progressives Congress (APC) failed to prove the allegations.

“The two respondents were not able to prove the allegations beyond reasonable doubt because they failed to bring witnesses from all the polling units to substantiate their claims,’’ Nweze said.

Nweze held that to prove non-accreditation, the respondents ought to have tendered the voters register and then demonstrate it how it was abused.
“I do align myself to earlier decision of the apex court that the provision of the law recognises the voters register as the only key element to conduct any elections,” he said.

While noting that INEC had power to make subsidiary regulations regarding conduct of election, Nweze held that the regulations must conform to constitutional provisions.
Nweze held that the extant laws did not give room for arbitrary nullification of an election.

“Petitioners have got to prove that there was substantial non-compliance in all polling units before we could take such allegation serious,” he said.
The Court of Appeal in Abuja had nullified the Akwa Ibom governorship election of April 11.
The governor’s election was challenged by the APC and its candidate, Umana.
At the election tribunal, the governor secured partial victory, as it ordered a rerun in 18 out of the state’s 31 local government areas.

The governor challenged the ruling, insisting he won in all 31 local government areas, but the Court of Appeal went on to nullify the entire election.

Justices Mary Peter-Odili and Clara Ogunbiyi had hinged on the above reasons to justify the return of Delta,Yobe and Oyo States governors.

 (NAN)via dailypost


13 comments:

DopeMum said...

fair enough... I don't see any reason why judgements should be based on cardreaders, it didn't work in my polling unit,but we still voted.

Eka Joy said...

Thank u jare.

Like seriously, apc expected to win election in akwaibom and delta?

pax dimond said...

ok nah.

Anonymous said...

If what he's saying is devoid of sentiments, may he live long but if he has compromised for any monetary reward, may he not live to enjoy the money. May the cry of Akwa Ibomites cause his family to mourn for a long time (if he and/or his team received any bribe) Amen.

Anonymous said...

Please someone should tell Gov Udom Emmanuel to please pay my parents their January salary pls.My both parents are primary sch teachers n life has been difficult pls.The four of us are in the University n please sir feeding has been very difficult.
Wts d essence of spending so much money on thanksgiving wn everyone is hungry.
Stella pls get ready as I am going to litter all d post wt my plea
Gov Udom Emmanuel pls pay primary sch teachers I'm Akwa Ibom state their January salary

Anonymous said...

It's like your in-laws are really dealing with you that's why you hate everything Akwa Ibom. Were you getting too old that you couldn't wait for your ibgo brother to marry you? #triumph

Chukwuebuka jay said...

Nice one... #Successful

Anonymous said...

@anonymous 07:51 are you God. Stop judging.

Linda said...

OK. Noted

sisi eko said...

All I know is that I saw the Akwa Ibom state first lady when she was dancing during their thanksgiving service on TV, and boi, I loved the way she was dancing. I guess it was d akwa Ibom dance that u twist to one side and roll.. she was really doing it well o. Her husband was too full of gratitude. I listened to the entire speech and I saw a grateful guy who was genuinely honoring God.

Mini Me said...

Anon 09:01, what has Eka Joy said now that shows she hates Akwa Ibom?.
Y are u picking on her this morning?.
Nawa o...
@ Eka, no mind apc, they can never win in Akwa Ibom.

Anonymous said...

Get a dictionary and check the meaning of 'judge' or better still use Google.

Anonymous said...

Amen. May the cries of the innocent killed and the oppressed speak out. May the wailings of the civil servants and retirees speak out. May the ones who openly see black and call it white not be part of the redemption story of Akwa Ibom State. Let your perfect will concerning this state be done. You are not a man that can be bribed oh Lord.