From Jude Chinedu, Enugu
The Court of Appeal in Enugu, yesterday, upheld the ruling of the House of Representatives tribunal that sacked a member representing Igboeze North/Udenu federal constituency, Simon Atigwe.
The appellate court rather, returned the candidate of the Labour Party (LP), Dennis Agbo, who was declared winner in the February 25, 2023 national assembly election and sworn in, but was sacked for a re-run election that took place on February 3, 2024.
The Peoples Democratic Party (PDP) candidate, Atigwe, was subsequently sworn in as the winner of the 2024 election, but Agbo’s petition to the second election tribunal filed against Atigwe was yesterday, consolidated by the Appeal Court and Atigwe was sent packing from the House of Representatives.
Delivering the judgement, the Court said Atigwe of the PDP wasn’t duly elected by the valid votes cast in the rerun election and declared Agbo of the LP the rightful winner of the election.
The Independent National Electoral Commission (INEC), had declared that the PDP’s candidate polled a total of 23,863 votes to defeat the LP candidate, who according to the electoral body, scored 23,226 votes.
Agbo, who had earlier won the February 25, 2023 election but was sacked by the appellate court, proceeded to the tribunal to challenge Atigwe’s declaration, arguing that the election was marred by wrong computation of result and substantial non-compliance with the Electoral Act, among others.
In its ruling yesterday, the tribunal headed by Justice H N Kunaza, said the petition had merit and declared Agbo the actual winner of Igbo Eze North/ Udenu Federal constituency.
Justice Kunaza’s panel declared invalid, null and void the 2,000 votes added to the PDP candidate and restored the votes of February 25, 2023, of 14,229 for the PDP and 28,870 for the LP candidate, Agbo.
It also held that Atigwe of the PDP was not duly elected by the valid votes cast as the petitioner won with 23,221 and PDP 21,863 votes and as such, the certificate of return issued to Atigwe should be withdrawn and issued to Agbo.