The Court of
Appeal in Abuja on Friday nullified the election of Governor Udom Emmanuel of
Akwa Ibom State on the grounds of irregularities that characterised the April
11, 2015 poll in the state.
The Justice Uwani
Abba-Aji-led five man panel in a unanimous judgment, ordered the Independent
National Electoral Commission to conduct fresh election in the entire 31 local
government areas of the state within 90 days.
The appeal court
in nullifying Emmanuel’s election set aside the judgment of the Akwa Ibom State
Governorship Election Petition Tribunal which had only nullified the election
in only 18 out of the 31 local government areas.
In the lead
judgment read by Justice Oludotun Adeofope-Okojie, the appeal court upheld the
appeal by the All Progressives Congress’ candidate in the election, Okon Umana,
to the effect that the election was not conducted in substantial compliance
with the provisions of the Electoral Act.
It held that was
over-voting during the election and the the result announced by INEC returning
Emmanuel of the Peoples Democratic Party as winner, was a mere allocation of
figures as there was no evidence of collation of results at all levels.
It held that while
the card reader machine recorded the accreditation of 437, 128 voters, the INEC
announced total votes 1,222,836, leading to a clear evidence of over-voting.
Justice
Adefope-Okojie conclude that both the PDP and Emmanuel failed to discharge the
burden of proof placed on them by the evidence led by Umana and his party.
She held that
Emmanuel and his party failed to tender incident forms used for manual
accreditation to make up for the discrepancies in the number of voters
accredited by the machine and the total number of votes announced by INEC.
Earlier today,
the tribunal had delivered four judgments on appeals, two of which was filed by
Emmanuel, and the rest of the two filed by PDP and INEC.
In which all the four appeals were dismissed by the appeal court for lacking in merit.
Emmanuel
and others dissatisfied with the judgment still have the opportunity to appeal
to the Supreme Court.
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