Appeal Court Sacks Abia State Governor, Okezie Ikpeazu, Declares APGA's Alex Otti Winner

The Court of Appeal, sitting in Owerri,
Imo State, has nullified the election of Governor
Okezie Ikpeazu of Abia.
The court also declared Alex Otti of the All
Progressives Grand Alliance winner of the
election.
The court faulted the judgment of the Abia
Election Petition Tribunal, which upheld the
election of Mr. Ikpeazu.
It also faulted INEC for declaring the PDP
candidate winner of the election in the first
place.
Mr. Otti had proceeded to the Court of Appeal
after the Abia tribunal gave its judgment on
November 3, saying the PDP validly won the
election.
In that 85-minute judgment, delivered by its
Chairman, Usman Bwala, the tribunal said the
petitioners – Mr. Otti and APGA – failed to
prove their claim to have won the election
''beyond doubt''.
Mr. Bwala said the petitioners had, on one hand
urged the court to nullify the election on grounds
that it was marred by irregularities and massive
fraud and on the other hand, sought that they
should be declared winners of the same election.
He said the petitioners reckoned with the card
reader as a means of accreditation during the
election of April 11 but failed to agree with use
of voter's register.
The tribunal further refused to grant the
petitioners’ request to uphold the cancellation of
the results of the election in Obingwa, Osisioma
and Isiala-Ngwa North Local Government Areas
of the state.
Mr. Bwala said the State Returning Officer,
Benjamin Ozumba, was not allowed under the
law, to cancel the said results in the first place,
hence the subsequent reversal by him had no
effect.
He said the onus lay heavily on the petitioners
to prove beyond doubt that they won the
election as they claimed in their petition.
The tribunal chairman, therefore, dismissed the
petition because of the failure of the petitioners
to convince the tribunal beyond doubt that they
won the election.
Mr. Otti had urged the tribunal to annul the
declaration of Mr. Ikpeazu as governor, saying
the election was marred by irregularities and
substantial non-compliance with the Electoral
Act.
He, however, urged the tribunal to declare him
(Otti) the winner on account of the lawful votes
cast during the election.
He also asked the tribunal to uphold Mr.
Ozumba's cancellation of the results for
Obingwa, Osisioma and Isiala-Ngwa North LGAs.
He said that Ozumba, having cancelled the
results, did not have the power to cancel the
result and reverse himself, adding that only the
tribunal had the power to reverse the
cancellation.