The Peoples Democratic Party has filed a notice of appeal against the judgment of the Owerri Division of the Court of Appeal, which sacked its governorship candidate in the April 11, 2015 election, Governor Okezie Ikpeazu of Abia State.
Also, Ikpeazu has asked the Court of Appeal to immediately release a copy of its judgment to enable him to file his appeal against it.
The governor has also written to the Chairman of the Independent National Electoral Commission, Prof. Mahmood Yakubu, asking him to respect the constitution and not to do anything capable of tampering with his status as governor of Abia State.
The governor, in the letter written on his behalf by his lawyer, Chief Wole Olanipekun (SAN), said he remained the governor until his right to appeal up to the Supreme Court was exhausted.
The Justice Oyebisi Omoleye-led appeal court panel had, on December 31, 2015, sacked Ikpeazu and declared the Abia State’s governorship candidate of the All Progressive Grand Alliance in the April 11 and 25 elections, Dr. Alex Otti, as the winner of the poll.
Justice Omoleye had, in the judgment, ruled that contrary to the initial results released by INEC, Otti polled the highest valid votes of 164,332 as against 114,444 votes actually scored by Ikpeazu.
However, in its three-grounds notice of appeal, the PDP faulted the Court of Appeal judgment on the grounds that it “erred in law when they (Justices of the Court of Appeal) nullified the election of the 3rd respondent (Ikpeazu).”
On its second grounds of appeal, the PDP also argued that the appeal court was wrong to have declared “the 1st respondent (Otti) winner of the 11th and 25th April, 2015 Abia State governorship election on the grounds that he scored the majority lawful votes cast at the election.”
On its third grounds, the party maintained that “the Court of Appeal erred in Law when they (the Justices on the panel) neglected to apply the clear provisions of sections 49, 52(2), 138(2) and 155 of the Electoral Act, 2010 (as amended) but relied solely on Card Reader accreditation as the basis for holding that there was over-voting and therefore cancelled the election in Obingwa, Osisioma Ngwa and Isiala Ngwa LGAs in the 11th and 25th April, 2015 Abia State Governorship election.”
In urging the apex court to allow its appeal, set aside the judgment of the appeal court and uphold the judgment of the “trial tribunal affirming the declaration of the 3rd respondent (Ikpeazu) as winner of the election”, the PDP argued on grounds one that APGA and Otti failed to call “cogent and reliable evidence of witnesses in support of his claim or petition.”
In his letter with reference number WOC/LG/VOL.1/002/2016, and dated January 2, 2016, Ikpeazu said he was dissatisfied with the judgment of the Court of Appeal and had instructed his lawyer to file an appeal against same to the Supreme Court. (Punch)