….Dismisses Petitions by Odoh, Odii for lacking in merit
From Godwin Tsa, Abuja
The Ebonyi State Governorship Election Petition Tribunal sitting in Abuja has upheld the election of Francis Nwifuru as governor of the state after dismissing the two petitions against his victory by the candidates of the All Progressives Grand Alliance (APGA) Benard Odoh and that of the Peoples Democratic Party(PDP) Ifeanyi Odii for lacking in merit.
The Independent National Electoral Commission (INEC) declared Mr Nwifuru, the candidate of the All Progressives Congress (APC) as the winner of the 18 March governorship election in the state.
Mr Nwifuru polled 199,131votes to defeat his closest challenger, Ifeanyi Odii of the Peoples Democratic Party (PDP), who garnered 80,191 votes.
However, in his petition marked EPT/EB/GOV/01/2023, the candidate of the APGA, Benard Odoh alleged that Governor Francis Nwifuru was declared in error as Governor by the Independent National Electoral Commission, INEC
Mr Odoh and his party, the APGA, challenged the declaration of Mr Nwifuru as the elected governor of the state and asked the tribunal to nullify his election on the grounds of alleged certificate forgery and “ineligibility” to stand for the election.
The APGA Governorship candidate had equally urged the tribunal to hold that at the time of the gubernatorial election, Nwifuru was not qualified to contest on the grounds that he was still holding sway as Speaker of the Ebonyi State House of Assembly on the platform of the Peoples Democratic Party, instead of the All Progressives Congress, under which he was declared as Governor by INEC.
In summary, the case of the Petitioner’s is that the 2nd Respondent cannot be qualified to contest the election as candidate of the 3rd Respondent while being a member of another Political party in gross violation of both the Electoral Act 2022 and the 1999 Constitution as amended.
But counsel to Nwifur, Onyechi Ikpeazu, a SAN, prayed the court to dismiss the suits for being unmeritorious.
Ikpeazu argued that Mr Nwifuru while serving as Speaker of the Ebonyi State House of Assembly, resigned his membership of the PDP and joined the APC before vying for the governorship primary election of the latter
On his part, the Peoples Democratic Party(PDP) and its candidate, Mr Ifeanyi Odii, asked the Tribunal to mandate the Independent National Electoral Commission (INEC) to withdraw the certificate of return issued to the Governor
They also asked the Tribunal to declare Dr Ifeanyi Chukwuma Odii, the winner of the election and return him as the elected Governor of Ebonyi State in the March 18, governorship election.
The Petitioners argued that Mr Nwifuru, was not qualified to contest the election on the platform of the APC as he was still a bonafide member of the People’s Democratic Party and had not officially defected to any other political party including the APC.
They further averred that Mr Nwifuru, being a serving lawmaker elected on the platform of the PDP to the State House of Assembly, and who had not defected officially at the floor of the House as the law requires, couldn’t have contested election in another party outside the PDP.
The PDP asked the Tribunal to declare that Mr Nwifuru was not qualified to stand for the 2023 governorship election on the platform of the APC as he remained a member of the party and the party never sponsored him for any election in the just concluded 2023 general elections.
The Petitioners also cited a subsisting judgment by Justice Henry Njoku of the Ebonyi State High Court, which ruled that Mr Nwifuru and other lawmakers of Ebonyi State House of Assembly who purportedly defected to the APC are still members of the PDP.
The petitioners also alleged non compliance with the Electoral Act, 2022, by the Independent National Electoral Commission as well as electoral malpractices, among other infractions.
But Nwifuru prayed the tribunal to dismiss the suits for being unmeritorious.
The Governor argued that while serving as Speaker he resigned his membership of the PDP and joined the APC before vying for the governorship primary election of the latter.
Nwifuru also presented APC’s membership register containing his details for Enwanweigwe Ward, the Governor’s country home.
The Tribunal which began sitting in Abakaliki capital of the state was later moved to Federal Capital Territory, Abuja following security concerns by the opposition parties.
However, delivering judgment in the consolidated petitions on Wednesday, a three-member panel headed by Justice Lekan Ogunmoye, dismissed the petitions for lacking in merit.
The tribunal held that the petitioners failed to prove that the 2nd respondent (Nwifuru) was at the time of the election not qualified to contest the governorship election.
Consequently, the tribunal held that there is substantial material evidence before it which shows that Governor Nwifuru was duly resigned his membership of the Peoples Democratic Party (PDP).
Its equally the findings of the tribunal that the petitioners failed to approach the proper court to entertain the issue of membership of a political party.
Notwithstanding, the tribunal said it has no power to entertain an issue which took place before the election. However,apart from an aspirant who participated in the primaries of the 3rd Respondent no other person has the right to challenge the membership of the 2nd Respondent.
“No court has the power to damble or poke into the internal domestic affairs of a political party. (No PDP membership Register of Enyanwuigwe ward was tendered before the tribunal to substantiate that the 2nd Respondent is a member of PDP).
“The claim of the petitioners that the 2nd Respondent’s APC Form is forgery holds no water as same was not supported by any evidence from the petitioners.
“Where a party forwarded name of a candidate to INEC it means that such a candidate is a fully fledged member of such a political party. The Exhibit R5 which is the votes and proceedings of Ebonyi State House of Assembly clearly disclosed the date the 2nd Respondent defected PDP to APC.
“It is not for the tribunal to invoke section 109 of the 1999 constitution as amended against the 2nd Respondent, But that of the members of Ebonyi State House of Assembly.
It will be unjust for the Tribunal to hold that the 2nd Respondent was not qualified to contest the Governorship election of Ebonyi State by mere fact that he failed to vacate his seat in line with the order in Judgement delivered by Justice Ekwo.
“In the final analysis, qualification on ground of membership of APC which is a pre-election matter being the only ground.The petitioners therefore woefully failed to prove all the grounds of their petition and same is accordingly dismissed. No order as to cost”, the tribunal ruled.