By Kenneth Udeh
The Court of Appeal, Lagos Division, has reaffirmed the victory of Senator Orji Uzor Kalu of the All Progressives Congress (APC) representing Abia-North.
In a unanimous ruling yesterday, the Appeal court presided by Justice Abiri upheld the judgment of the National Assembly Petitions Tribunal, Umuahia which had earlier dismissed the petition of People’s Democratic Party (PDP), Mao Ohuabunwa and Labour Party (LP), Nnamdi Iro Orji, for lacking merit.
The court while upholding the victory of Kalu of the All Progressives Congress (APC) said the election of the former Abia State governor complied with the provisions of the Electoral Act.
The court also faulted the arguments of both petitioners that election did not hold in over 120 polling units mainly in Ohafia and Arochukwu local government areas.
The court also set aside the prayers of Iro Orji to disqualify Senator Kalu for having allegedly admitted before the Federal High Court that he was convicted of fraud.
The panel in its ruling held that there was no valid conviction of Senator Kalu under section 66 of the Nigerian constitution as the purported conviction had been nullified.
Further dismissing the appeals of Iro and Ohuabunwa, the panel also ruled that appellants of both the PDP and LP failed to prove their allegations of elections not holding in some polling units.
The court in its constitutional interpretation also validated Kalu’s eligibility to contest the election stating that his trial and conviction were quashed by the Supreme Court. Three other grounds of the LP candidate were dismissed in Kalu’s favour.
Kalu, chieftain of the APC was declared winner by INEC returning Officer for Abia North, Mr. Chinedu Nnamdi at Ohafia.
The two term lawmaker and chairman, Senate committee on Privatisation and Commercialisation, was declared winner by INEC of the keenly contested February 25 senatorial polls having scored 30,805 votes to defeat Nnamdi and Ohuabunwa with 27,540 and 15,175 votes respectively.