Tribunal validates election of Ebonyi PDP Rep

The National and State Assembly Election Petition Tribunal sitting in Abakaliki, Ebonyi state on Thursday dismissed the petition filed by the All Progressives Congress (APC) candidate for Abakaliki/Izzi Federal Constituency in the 2019 general elections, Uchenna Nshi, against the Peoples Democratic Party (PDP) candidate, Rep. Sylvester Ogbaga.

Nshi had dragged Rep. Ogbaga to the tribunal seeking the declaration of the election that produced him invalid by reasons of corrupt practices, intimidation of voters, violence, non compliance to the Electoral Act 2010 (as amended) and the unlawful alterations of results in favour of the second respondent, Ogbaga. 

He further urged the tribunal to set aside the results of polling units, wards and local governments as declared by the first respondent, INEC which gave the second respondent victory based on the above grounds.

But, in about two- hour unanimous judgement delivered by the three -man panel chaired by Justice Sika Henry Aprioku, the tribunal held that the petition lacks merit as the petitioner failed to bring preponderance of evidence to prove his case.

On the allegation of criminal alterations of results in favour of the second respondent, the tribunal held that the petitioner was unable to discharge the burden of proof as he failed to bring credible evidences or witnesses to back his claims.

The tribunal also held that the allegations of corrupt practices, non -compliance with the Electoral Act 2010 as amended and guidelines for the election were not substantiated by the petitioner, even as he did not prove to the court how they affected the outcome of the election.

Justice Akpiroku said the testimonies of the petitioner’s witnesses on the alleged corrupt practices, non -compliance to the Electoral Act and guidelines amounted to hearsay as they confirmed during cross -examination that they were not present at the polling units where the alleged infractions took place and accordingly, are unreliable and cannot be attached to any probative value.

The tribunal therefore, ruled that the election of theRep. Ogbaga, was valid by reason of the failure of the petitioner to discharge the burden of proof of non- compliance to the Electoral Act and guidelines, malpractices, and criminal alterations of the election results.

The tribunal added that it couldn’t have embarked on a voyage of discovery in order to help the petitioner prove his allegations. Accordingly, the petition was dismissed for lacking in merit.

The tribunal also awarded the cost of N150, 000 each in favour of the first and second respondents while N20, 000 as cost was awarded in favour of the third respondent.