18 January 2008
Enugu-The election petition tribunal in Enugu, today nullified the election of Gov. Sullivan Chime.
The nullification was based on the grounds of electoral malpractice, irregularities and non-compliance with the Electoral Act, 2006.
In the lead judgment, the Chairman of the tribunal, Justice Samuel Otta, said the petitioners, proved the allegations of malpractice and irregularities at April 2007 election beyond reasonable doubt.
The petitioners were the Rev. Oscar Egwuonwu of the Democratic People's Party (DPP), Mr. Okey Ezea of the Labour Party and Mr. Dubem Onyia of the Action Congress.
Said the chairman:"We are of the humble view that the election of April 14, 2007 in Enugu State was not conducted in compliance with the Electoral Act. "We hereby set aside the declaration of the first respondent (Chime) by INEC as the winner of that election."
He explained that many voters were disenfranchised on the day of election as election materials were not released from the CBN, Enugu office in good time. The tribunal directed INEC to conduct fresh election in Enugu State within 90 days from the date of the judgment. The tribunal awarded a cost of N20,000 to each of the three petitioners to be paid by the respondent.
In a related development, the tribunal dismissed and struck out the petition of Mr. Ugochukwu Agballah of Accord Party,who prayed to be declared winner of the governorship election.
Otta in his ruling said that the petitioner failed to prove his case by not presenting two sets of election results, which would have enabled the tribunal to determine if he actually won the election. The tribunal also struck out the petition of Mr. Nnamdi Anigbo of the Progressive People's Alliance, who prayed the tribunal to nullify the election for non-inclusion of his name and picture on the ballot papers.
In his ruling Otta said that the petitioner was wrongly substituted, as he was substituted within 43 days, as against 60 days required by the electoral law.
Speaking with newsmen shortly after the judgment, counsel to Chime, Mrs Justina Offia (SAN), said that her client would appeal against the judgment as she had good and substantial ground to do so.
Rev. Egwuonwu of the DPP, described the verdict as a judgment of hope, saying that the tribunal displayed transparency in the judgment.
Meanwhile, Agballah of Accord Party, who lost, commended the judgment of the tribunal in nullifying the election of Chime, saying that it had proved that there was no election in Enugu State on April, 14, 2007 .
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