Tribunal upholds Senator Utazi’s election

Moses Oyediran – Enugu

The National Assembly and State Houses of Assembly Elections Petition Tribunal sitting in Enugu has struck out the petition seeking to sack Senator Chukwuka Utazi representing Enugu North Senatorial Zone.

In a unanimous judgment that lasted for several hours, the tribunal said the petition lacks merit.

Sen. Utazi of the Peoples Democratic Party (PDP) had his victory challenged by Eugene Odo of the All Progressives Congress (APC).

The parties had on July 29 adopted their final written addresses with the APC candidate telling the tribunal that the Independent National Electoral Commission (INEC) allegedly announced the result of the election even before the final collation.

The position was canvassed by the counsel to the petitioners, H.A. Bello.

Bello had told the three-man tribunal that the election ought to be quashed over the INEC’s alleged failure to comply with the provisions of its own guidelines as well as the Electoral Act, claiming that the “INEC put the cart before the horse.

“INEC declared return before collation. Return was declared on February 23, whereas substantial collation was done on February 24.

So, we have shown substantial non-compliance with the provisions of Regulation 37 of the INEC guidelines.

“Compliance to these guidelines is 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.”

But, his position was countered by the counsel to the first respondent, A.J. Offiah (SAN), who 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.”

Delivering judgement, the three-man tribunal led by Justice H.H Kerang said the petitioners could not prove the allegations of non-compliance to the Electoral Act and held that “the petition lacks merit and the election of the first respondent is hereby upheld.”

It went ahead to award the cost of N250, 000 in favour of the first, second and third respondents against the petitioners.