Philip Agbese, the Deputy spokesperson of the tenth House of Representatives and a member of the All Progressives Congress (APC), has had his election affirmed by the Court of Appeal in Abuja because the member representing the Ado/Ogbadibo/Okpokwu Federal Constituency of Benue State.
The three-man panel of Justices, led by Justice Onyekachi Aja Otisi, issued a unanimous ruling, dismissing the enchantment filed by Aida Nath Ogwuche of the Peoples Democratic Party (PDP). The enchantment was deemed to be “lacking in merit” by the courtroom.
As half of the judgement, the Court of Appeal imposed a price of N300,000 in opposition to the appellants, to be paid to every of the respondents.
Media Talk Africa studies that Ogwuche and the PDP challenged Agbese’s election by way of a petition filed on the National and State Assembly Election Petition Tribunal for Benue State, claiming non-compliance with the provisions of the Electoral Act, 2022, and alleged illegal exclusion by the Independent National Electoral Commission, INEC.
They argued that the alleged exclusion was in violation of a Supreme Court judgement that confirmed Ogwuche because the PDP candidate.
However, the tribunal, in a unanimous judgement delivered on September 9, 2023, dismissed the petition as “grossly incompetent.” It held that illegal exclusion doesn’t present a legitimate floor for difficult the end result of an election underneath the present Electoral Act.
Ogwuche and the PDP, dissatisfied with this choice, took their case to the Court of Appeal.
In its ruling, the appellate courtroom concurred with the tribunal’s stance that illegal exclusion is not a respectable purpose to contest an election. The courtroom held that the absence of a political get together’s emblem or image on the poll paper may very well be a respectable concern, however on this case, the PDP’s emblem was current, and Ogwuche herself had voted on election day.
The Court of Appeal additionally pointed to Section 42(1) of the Electoral Act 2022, which clarified that candidate’s names aren’t included on the poll paper, solely get together logos and symbols. The courtroom concluded that non-compliance with the Supreme Court’s order didn’t have an effect on the PDP’s place since its emblem was seen on the poll paper.
The Court of Appeal additionally agreed with the tribunal’s place that this was a pre-election matter that ought to have been introduced earlier than the Federal High Court, slightly than the tribunal.
The Court of Appeal subsequently dismissed Ogwuche’s enchantment for missing in benefit.
