In what appeared to be tbe climax of all the Judgements given by the National and State House of Assembly Election Tribunal, sitting in Uyo, the Akwa Ibom state capital, today, September 11, 2019, the court upheld the victory of Senator Christopher Ekpenyong as declared by the Independent National Electoral Commission (INEC) in the February 23 elections as the duly elected Senator representing Akwa Ibom North West Senatorial District.
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The Minister of Niger Delta Affairs, Senator Godswill Akpabio, had challenged the election of Ekpeyong on the ground that he was not duly elected by majority of lawful votes cast at the February 23, 2019.
LIST OF APPLICATIONS FOR REGULARISATION OF AREA COUNCIL LAND DOCUMENTS NULLIFIED/CANCELLED BY THE HONOURABLE MINISTER OF FCT
Akpabio also claimed that the election that produced Senator Ekpeyong as winner was invalid owing to non-compliance with the provisions of the Electoral Act in the conduct of the elections.
LIST OF APPLICATIONS FOR REGULARISATION OF AREA COUNCIL LAND DOCUMENTS NULLIFIED/CANCELLED BY THE HONOURABLE MINISTER OF FCT
However, in its majority judgment delivered few minutes ago, the tribunal dismissed the petition of Senator Akpabio.
The tribunal ruled that Ekpeyong of the People’s Democratic Party (PDP) was duly elected by majority of lawful votes cast at the February 23,2019 elections.
The tribunal held that the burden of proof for substantial non-compliance with the Electoral Act to warrant nullification of the election was on the petitioner and relying on the case of ANDREW v. INEC.
It held that the Petitioner’s evidence was too weak in all ramifications to prove non-compliance, not to mention substantial non-compliance, which is the only ground for nullification of the elections.
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The tribunal further stated that the petition failed to bring any witness from the polling units and thus could not prove substantial non-compliance with the Electoral Act.
Consequently, in a majority Judgement of two justices, the tribunal dismissed the petition and upheld the declaration of Senator Christopher Ekpenyong as the winner of the February 23, 2019 elections.
Earlier, the electoral victory of two Nigerian lawmakers, who ran under the platform of the PDP was upheld on tribunal.
Aniekan Umanah, representing Abak/Etim Ekpo/Ika Federal Constituency, and Patrick Ifon representative for the Eket/Esit Eket/Ibeno/Onna Federal Constituency, were both affirmed as winners of their respective elections by the panel.
The tribunal dismissed the petition of Emmanuel Ekon of the APC against Umanah just as it dismissed same written against Ifon.
The tribunal held that the evidence of all 10 witnesses of the petitioners were insufficient to prove substantial non-compliance, which are the only grounds that could lead the court to decide in favour of the petitioner.
The tribunal discountenanced all the augments against the elections that produced the two lawmakers and affirmed their individual victories.
