The Enugu Division of the Court of Appeal has dismissed the petition filed by Chief Uche Nnaji, the All Progressives Congress (APC) governorship candidate in the 2023 general election in Enugu state, disputing the win of Dr Peter Mbah of the Peoples Democratic Party (PDP).
Justice J.O.K Oyewole delivered the decision of the appellate court’s three-man bench yesterday, July 18, 2023.
Nnaji, whose case was initially denied by the Justice K.M Akano-led Enugu State Governorship Election Petitions Tribunal on June 20, 2023, had filed an appeal.
He said that Mbah was not constitutionally entitled to run for governor during the election because he reportedly provided a falsified certificate to the Independent National Electoral Commission (INEC).
Among others, the APC candidate, who received 14,575 votes to Dr Peter Mbah’s 160,895 votes to finish a distant fourth in the election, claimed that Governor Mbah was not legitimately elected by the majority of valid votes cast.
The candidates of the Labour Party (LP), Hon. Chijioke Edeoga, and the All Progressives Grand Alliance (APGA), Mr Frank Nweke Jr., were also joined as respondents, according to the appellant, because they were not qualified to contest the election due to alleged violations of the asset declaration law.
As a result, he had requested that the Tribunal dismiss Mbah, Edeoga, and Nweke and either proclaim him the winner or force INEC to hold a runoff election between him and the other surviving contestants.
However, in his decision on the petition marked EPT/EN/GOV/05/23, Tribunal Chairman Justice M.K Akano stated that the case was not filed by the terms of the Electoral Act and could not be heard by paragraph 18(3) (4) of the First Schedule of the Electoral Act, 2022.
As a result, Nnaji petitioned the Court of Appeal to remand the dismissed petition to the Tribunal for hearing and determination of the litigation.
However, at the resumed hearing of the appeal designated CA/E/E/EP/GOV/EN/01/2023 on Tuesday, the Court of Appeal affirmed the Tribunal’s ruling and dismissed the suit.
Chief Uche Nnaji and the APC were each given N250,000 by the appellate court.
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