By Destiny Day
The Court of Appeal, Enugu division on Friday, gave judgment on the appeal filed by Senator Victor Umeh and the All Progressives Grand Alliance (APGA), seeking to set aside the earlier judgment of the Tribunal which affirmed Senator Uche Ekwunife’s election.
Justice Ignatius Igwe Agube while reading the Judgment endorsed by two other Justices, dismissed the Appeal filed by Umeh and his party, APGA for lack of merit.
While agreeing with the judgment of the Tribunal delivered on the 9th of September, 2019, Justice Agube stated that the Appellant while changing the nomination of Senator Ekwunife as the Candidate of PDP wrongly relied on Section 285 (13) of the 1999 constitution as amended.
Justice Agube also stated that the nomination of candidates is a pre-election matter which is outside the mandate of the Election Petition Tribunal, hence the appellant has no business bringing the matter to the Tribunal in the first place.
In dismissing 15 ground Appeal, Justice Agube stated that Substitution is nomination, therefore the Senator Ekwunife was duly nominated as provided by the electoral act.
He held that the Appellant being a member of another political party had no business challenging the nomination of Senator Ekwunife as PDP Candidate.
Justice Agube also held that the Appellant failed to prove their allegations of non-compliance.
Senator Ekwunife emerged victorious in the February 23 Anambra Central Senatorial Election, defeating her closest rival, Chief Umeh in all the entire Seven Local Governments of the Senatorial district.
The judgment which affirmed Senator Ekwunife’s election as the Senator representing Anambra Central Senatorial District brings to an end the contest for the Senate seat of Anambra Central.
Chief Umeh has also conceded defeat and issued a statement on the court’s decision.
He wrote: “Today, the Court Of Appeal, Enugu Division delivered Judgment in my Appeal filed in respect of the Anambra Central Senatorial District Election conducted on 23rd day of February, 2019.
“The Justices of the Court in a unanimous Judgment dismissed my Appeal.
Being the Final Court vested with Authority by our Constitution over National Assembly Election Matters, I hereby accept the Judgment as there can be no further Appeal allowed by Law on the Matter!
“This therefore brings to a close all the Issues and Controversies surrounding the said Election.
“I am deeply satisfied that for the Seventeen Months that I represented my Senatorial District in the National Assembly, I was able to accomplish a lot for them in all areas!
“I was able to demonstrate what a honest representation can do for the people. I attracted and ensured that 40 Constituency Projects were executed in the District for the year 2018. I also attracted 28 Projects for the year 2019. I wished that I have more time to do much more!
“I wish to first of all, most gratefully thank the Almighty God for his grace upon me and my family and for keeping us safe all through this Period.
“I want to, on behalf of myself and my Wife, deeply appreciate and thank the Voters in Anambra Central Senatorial District who cast their Votes for me on the day of the Election.
Despite the enormous Odds on our way, 81,429 Votes were recorded for me!
This is a very huge Number that cannot be wished away by anybody!
“To the members of my Campaign Organization and my indefatigable Media Team, I cannot find the suitable words to express my gratitude and that of my wife!
You are simply the best gifts God can bless anybody with in a Struggle like this.
You were tenacious, resilient and indomitable! May the Almighty God bless you all for us!
“I salute all the members of my Party, the All Progressives Grand Alliance (APGA ) and the Governor of Anambra State, His Excellency, Chief Dr Willie Obiano for all the Support they rendered to me during the Election. It is unfortunate that I could not redeem this Seat for our Party through this Legal Struggle!
“To my numerous friends and silent Supporters who gave me immeasurable Support during the Election, I pray that the Almighty God will bless and reward you one by one.
“Then, finally but very importantly, I hereby express my immense gratitude to my Legal Team led by Chief Patrick Ikwueto, SAN and ably supported by Emeka Anaenugwu, SAN for their industry and gallant Fight throughout the Proceedings from the Tribunal to the Appellate Court!
“In all, we give God all the Glory!
“God bless you all!.
