Nigeria: Tribunal Upholds PDP Senator's Election for Enugu West District

12 September 2023

A candidate of the Labour Party had challenged his election.

The National Assembly Elections Petitions Tribunal sitting in Enugu, Enugu State, has upheld the election of Osita Ngwu of the Peoples Democratic Party for Enugu West District.

Mr Ngwu, popularly called RG, was returned by the Independent National Electoral Commission as the winner of the 25 February poll.

His election was, however, challenged at the tribunal by Oguerinwa Amadi of the Labour Party.

In its judgement, the tribunal, led by A.M. Abubakar, held that the petitioner committed "a fatal error" in presenting his case by merging allegations of non-compliance with the Electoral Act and corrupt practices.

The tribunal further held that the petitioner should have separated the two cases and particularised his facts to support both positions.

On the allegation of over-voting, the tribunal ruled that the petitioner could not particularise his pleadings, despite bringing witnesses that gave evidence on the allegation as well as ballot papers.

It concluded that the ballot papers were dumped on the court with no evidence showing where they emanated from.

It, therefore, affirmed Mr Ngwu as duly elected, saying that the petitioner failed to prove his case beyond reasonable doubt.

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