From Godwin Tsa, Abuja
The Ebonyi State Governorship Election Petition Tribunal (EPT) sitting in Abuja has dismissed the petition filed by the candidate of the All Progressives Grand Alliance (APGA), Benard Odoh against the victory of Governor Francis Nwifuru of the All Progressives Congress for lacking in merit.
In his petition marked EPT/EB/GOV/01/2023, the petitioner alleged that Governor Francis Nwifuru was declared in error as Governor by the Independent National Electoral Commission (INEC).
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 People’s Democratic Party, instead of the All Progressives Congress, under which he was declared as Governor by INEC.
In his final written address which was adopted by his lead counsel, Jibrin Okutepa SAN, the APGA candidate said it was unknown to any law in Nigeria for INEC to declare Nwifuru Governor on the stable of the APC, while he was still retaining his membership in the PDP.
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.
In a unanimous judgment on Wednesday, a three-member panel headed by Justice Lekan Ogunmoye, dismissed the petition 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 People’s 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.