From Ndubuisi Orji, Abuja
The Court of Appeal, in Abuja, has affirmed the election of Philip Agbese, as the member representing Ado/Ogbadibo/Okpokwu Federal Constituency of Benue State.
The Appellate Court, in a unanimous judgment, dismissed the appeal filed by Aida Nath Ogwuche of the Peoples Democratic Party (PDP), for “lacking in merit”.The Court also awarded cost N300, 000 against the appellants to be paid to each of the respondents.
Agbese, who is the Deputy Spokesperson of the House of Representatives, was the candidate of the All Progressives Congress ( APC).
Recall that Ogwuche and the PDP had filed a petition at the National and State Assembly Election Petition Tribunal for Benue State, challenging the declaration of Agbese on the grounds of non-compliance with the provisions of the Electoral Act, 2022.
She alleged that, she was unlawfully excluded from the election by the Independent National Electoral Commission (INEC), which failed to comply with the judgement of the Supreme Court that confirmed her as the PDP candidate and not Francis Ottah Agbo.
However, the Benue State Election Petition Tribunal, in September dismissed the petition. Ogwuche and the PDP, dissatisfied with the judgment
approached the Court of Appeal.
Nevertheless, the appellate court, upheld the judgment of the tribunal and affirmed Agbese victory in the February 25 National Assembly election.