Onunwor Ndamati, the Labour Party’s candidate for Obio/Akpor Federal Constituency, has asked the National and State Houses of Assembly Election Petition Tribunal sitting in Abuja to declare him as winner of the election.
This is as the three-man panel led by Justice Chris Eze, has reserved judgment in the petition.
Ndamati and his party urged the Tribunal to sack Chinda Ogundu Kingsley of the Peoples Democratic Party from the House of Representatives , having not been duly elected by the majority of lawful votes cast at the election for Obio/Akpor Federal Constituency held on February 25, 2023, insisting that Ogundu’s declaration and return by the Independent National Electoral Commission as winner of the election are “unlawful, null and void and of no effect”.
Specifically, the petitioners want an order declaring null and void the certificate of return wrongly issued to the Ogundu by INEC as the winner of the election for Obio/Akpor Federal Constituency.
Ndamati is seeking an order directing INEC to forthwith issue a certificate of return to him as winner of the election for Obio/Akpor Federal Constituency in the House of Representatives.
Respondents in the petition markedEPT/RV/HR/09/2023, are the INEC, Chinda Ogundu and the Peoples Democratic Party.
The Tribunal hinted that judgment date would be communicated to all parties, shortly after lawyers representing various parties had adopted their written addresses as their final. arguments.
In his final address dated July 21, 2023, counsel to the Petitioners, Bonaventure Ugwu urged the Tribunal to uphold the petition and grant reliefs sought by the Petitioners.
Ogwu submitted that it was apparent that the results collated in Exhibit LP971 are not a true reflection of the votes of the 1st Petitioner and the 2nd Respondent (Ogundu) at the polling units.
“The polling units’ results being the primary results of the election have proved that the 1st Petitioner scored the highest number of lawful votes cast at the election and not the 2nd Respondent.
“Therefore, the secondary result collated by the 1st Respondent in Exhibit LP971 upon which the 2nd Respondent was returned as the winner of the Obio/Akpor Federal Constituency election having been proved to be inconsistent with the polling units’ results, the polling units’ results should and ought to be preferred” Ogwu pleaded.
Ogwu further submitted further that the total exclusion of the votes of Ndamati in Ward 11 in Obio/Akpor LGA in Exhibit LP971 which Ward was won by the 1st Petitioner buttresses the case of Ndamati on the unlawful exclusion of his votes in the collation of results.
“The reason adduced by the DW2 under cross-examination by the 1st Petitioner’s Counsel on 14/7/2023 that INEC had finished collating results of the election before the results of Ward 11 arrived the collation centre is nothing but bunkum with all due respect to DW2.
“We submit that the disparity between the polling units’ results and the collated result in Exhibit LP971 proves the case of the Petitioners on wrongful collation and exclusion of votes. See Uzodinma & Anor v. Ihedioha & Ors (supra).
“We submit that the Petitioners have proved their case that they scored the highest number of lawful votes cast at the Obio/Akpor Federal Constituency election held on 25/2/2023 but the results collated by the 1st Respondent were not a true reflection of the scores of the 1st Petitioner and 2nd Respondent at the polling units. Consequent upon the cases of Madubueze v. Nwoye & Ors (supra) and Uduma v. Arunsi (supra), this Honourable Tribunal is most respectfully urged to act on Exhibits LP3-LP931 and LP937-966 and declare the 1st Petitioner winner of the Obio/Akpor Federal Constituency election held on 25/2/2023 pursuant to Section 136(3) of the Electoral Act, 2022” Ogwu submitted.
More so, the petitioners’ counsel held that the failure of INEC, a statutory body saddled with the responsibility of conducting election, collation and announcement of results of election, to defend their petition amounts to admission of the petitioners’ case.
“The Petitioners having discharged the burden of proof on them to prove their case can rely on the admission of the 1st Respondent to strengthen their already established case. The 2nd and 3rd Respondents who tried to defend the petition are not INEC which conducted the election and consequently the INEC’s admission of the case of the Petitioners has definitely weakened the defence of the 2nd Respondent and 3rd Respondents and robbed it of any probative value.
“We submit that on the authority of Buhari v. INEC & Ors (supra), if the evidence led by the Petitioners through their 4 witnesses and documentary evidence adduced particularly Exhibits LP3-LP931 (certified true copies of Form EC8A(II) series) and Exhibit LP937-LP966 (duplicate copies of Form EC8A(II) series) as demonstrated by the evidence of PW1 is placed side by side or on imaginary scale with the evidence of the 2nd and 3rd Respondents’ 5 witnesses with no relevant documentary evidence, the pendulum or scale certainly tilts or weighs in favour of the Petitioners.
“The implication is that the Petitioners have discharged the burden of proof that they won the National Assembly election for Obio/Akpor Federal Constituency held on 25/2/2023 by the standard stipulated in law and therefore entitled to the reliefs sought in the petition.
“INEC could not have even defended the petition as Exhibits LP3-931 (certified true copies of Form EC8A(II) series) and Exhibit LP937-966 (duplicate copies of Form EC8A(II) series) show that the Petitioners won the election for Obio/Akpor Federal Constituency held on 25/2/2023” Ugwu stated.
Ugwu further urged the Tribunal to resolve the two issues formulated by the Petitioners in their address in their favour and hold that the results collated by INEC upon which the return of the Ogundu as the winner of the Obio/Akpor Federal Constituency election was made are not consistent with the polling units’ results (Form EC8A(II) of the election and that from the poling units’ results of the said election, Ndamati, and not Ogundu, ought to have been returned as the winner of the election.
However, counsel to the Ogundu and the PDP asked the Tribunal to dismiss the petition for lacking in merit, incompetent and abuse of court process.
