By Tunji Adedeji
The Election Petition Tribunal sitting in Owerri, Thursday has upheld the victory of Senator Frank Ibezim, representing Imo North senatorial District, and candidate of the All Progressive Congress, APC.
Delivering the judgments, with Petition No EPT/OW/SEN/3/2020: the Tribunal dismissed Petition of the Peoples Democratic Party, PDP, candidate Emmanuel Okewulonu.
The PDP’s petition was dismissed on the ground that Petitioners failed to plead and prove Scores and the name of the candidate declared and returned as the winner of the Election in accordance with the mandatory provisions of the Electoral Act. (An election Petition is meant to challenge the declaration and return of candidate return as the Winner).
According to a release by Dr. C. C. Nwadigo, Chief Enyinnaya Onuegbu ,members, Legal team of APC & Senator Frank Ibezim”the Tribunal said the Preliminary Objection raised by APC & its candidate Senator Frank Ibezim, on issue of whether the Petition is competent .”
“The Tribunal held interalia that the Petitioners have no locus standi to challenge the nomination, sponsorship of candidates of a another Political party which is purely the internal and domestic affairs of APC.”
The release stated that ,” the Tribunal further held that the Petitioners’ Petition constitute an abuse of court process because the Petitioners filed multiple Suits on the same pre-election matters at the various Courts and also included the same pre-election reliefs in their Petition before this Tribunal. “
The Tribunal held also that the Petition does not disclose any reasonable cause of Action. Additionally, the Tribunal held that it lacks the Jurisdiction to entertain parts of the Petition bordering on Primary Election.
It further reads,” the Preliminary Objection of APC and Distinguished Senator Frank Ibezim therefore succeed and the PDP & its candidate, Emmanuel Okewulonu Petition is hereby struck out.”
“The Tribunal went into the merits of the Petition and further held while while dismissing the PDP Petition on the following grounds;
The Petitioners failed to plead and prove Scores and the name of the candidate declared and returned as the winner of the Election in accordance with the mandatory provisions of the Electoral Act. (An election Petition is meant to challenge the declaration and return of candidate return as the Winner”
“Petitioners’ failure to comply with the said Provisions of the Electoral Act renders the Petition Incompetent”
“On the issue of whether the Petitioners have proved their case before this Tribunal? The Tribunal held that the Petitioners have failed to discharge the evidential burden of proof because the two witnesses of the Petitioners gave a hear say inadmissible evidence while the 3rd witness denied his own averments which is hereby expunged.”
“The Petitioners failed to provide two different results in order to succeed which they failed to do. The Tribunal has taken Judicial Notice of the Supreme Court Judgment/ Decision which confirmed Distinguished Senator Frank Ibezim as the authentic candidate of APC.”
“Tribunal further held that the Petition lacks merit and hereby dismissed in it’s entirety and the cost of N500,000 awarded in favour of each of the Respondents against the Petitioners.”
It should be recalled that yesterday, 16/06/2021 the Tribunal dismissed the other two Petitions brought by YPP and ADC against APC and its candidate Distinguished Senator Frank Ibezim.
By this Judgment today, the Landslide Victory of Distinguished Senator Frank Ibezim has been confirmed and reconfirmed by all the Courts and Election Petition Tribunal.
