Vincent Egunyanga
8 July 2009
Benin — The election of Rep Abbas Braimoh (Etsako federal constituency, Edo State) of the Peoples Democratic Party [PDP] was yesterday upheld by the Appeal Court sitting in Benin city.
Action Congress candidate in the election, Abubakar Momoh, had challenged the election of Braimoh at the lower court on the ground that the election was marred by malpractice.
The lower court voided the election and ordered a rerun. Not satisfied, Rep Braimoh appealed the ruling of the lower tribunal.
In a unanimous judgement delivered on Tuesday by Hon Justice Nwosu Ihame, the Appeal Court affirmed the election of Braimoh on the ground that the lower court lacked the competence to adjudicate on the matter as it was established that the petitioner, Abubakar Momoh of Action Congress filed his petition after the 30 days allowed by law.
In the same vein, the desire by the AC in Edo State to secure majority control in the state Assembly suffered setback as the Court of Appeal Benin Judicial Division upheld the election of three PDP members of the House.
Among those whose elections were affirmed was the Deputy Speaker of the House, Hon. Levis Osaretin Aigbogun (Ovia North East constituency I), against the main contender, Mr. Sunday Osazemwinde of the AC.
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