Appeal court reinstates Anambra rep

By TONY EDIKE
ENUGU—THE Court of Appeal sitting in Enugu yesterday set aside judgment of the Election Petition Tribunal in Awka, Anambra State which earlier nullified the election of Victor Ogene, affirming that the lawmaker was duly elected to represent Ogbaru federal constituency in the House of Representatives.

The lower tribunal had nullified the election of Ogene of the All Progressive Grand Alliance, APGA, declaring the petitioner, Chukwuka Onyema, as the winner of the election.

But in its judgment, the appeal court held that the judgment of the tribunal was null and void, having been delivered outside the time stipulated in Section 285 (6) of the constitution.

Justice Adamu Jauro in the lead judgment,  maintained that the decision of the lower tribunal was a grave constitutional breach, citing Supreme Court decision that no court could go beyond the time limit provided by law.

The appellate court held that the mandatory 180 days elapsed before the judgment in the petition filed on May 24, 2011, was delivered on February 9, 2012, which was 255 days.

The court declared that the judgment of the tribunal was thus delivered without jurisdiction and allowed the petition.

Speaking to newsmen shortly after the judgment was delivered, Victor Ogene expressed gratitude to God for using the Justices of the Appeal court to ensure that justice was done.

The lawmaker said:   “I say its the Lord’s doing because I have not contested even for councillorship; and it takes only the grace of God to contest for the first time in a country like Nigeria and be successful at the first attempt and for House of Reps.

”Now those people who feel they are professional politicians and entrenched in the political game asked, ‘where is this one coming from’; and on the basis of that went to the lower tribunal to concoct all manner of illegalities including doctoring of result sheets as well as not having the locus standi to come to court because he was ACN candidate but came to the court claiming PDP.

”His name did not appear in all INEC materials used for the election; we made all these presentations at the tribunal but in their own human wisdom decided the case against us.”