The Court of Appeal sitting in Abuja on Friday removed two Senators of the Peoples Democratic Party (PDP) in Rivers State, just as the Court of Appeal, Owerri Division, Imo State, presided over by Justice G. Mbaba nullified the election of Senator Mao Ohuabunwa of PDP and ordered the Independent National Electoral Commission (INEC) to conduct a fresh election in Abia North senatorial District within 90 days.

The two sacked Rivers senators are Senator Osinakachukwu Idoezu, representing Rivers South-West Senatorial District and Senator John Olaka-Nwogo representing Rivers South-East.

Their elections were nullified on account of its failure to comply substantially with the provisions of the Electoral Act and other guidelines.

A three-man panel, led by Justice Ibrahim Gumel, unanimously ordered fresh elections to be conducted within 60 days for the two senatorial districts.

Delivering judgment in two separate appeals filed by Senator Magnus Abbe and Otelemagba Dan-Amachree, both of the All Progressives Congress (APC), the court held that the elections of the sacked senators were not properly conducted, as required by law.

Justice Gumel held that from the available evidence of INEC and those of the appellants, the election of March 28, 2015 did not conform with set guidelines such as the use of voter card reader machines, voter register and other election guidelines.

In the case of Ohuabunwa, former Abia State governor and senatorial candidate of the Progressives Peoples Alliance (PPA), Dr. Orji Uzor Kalu, had challenged his declaration by INEC as winner of the election, which was upheld by the Election Tribunal in Umuahia.

Mbaba stated that the lower tribunal should have relied on certain relevant documents, which ought have been filed, but were not, before judgment was delivered in Ohuabunwa’s favour.

He also said the election was proved to have been marred by high-level irregularities, while the results were also mutilated.

Back in Abuja, the Court of Appeal upheld the election of Godswill Akpabio as Senator representing Akwa Ibom North-West Senatorial District of Akwa Ibom State.

In a unanimous judgment, Justice Moshood Oredola, who led the three-man panel of justices of the court, held that appellant failed to prove the allegation of irregularities and malpractices.

Oredola, therefore, dismissed the case for lacking in merit and upheld the decision of the lower tribunal which had endorsed the election.

The court also held that the oral evidence of appellant’s witness and that of the PDP and INEC successfully refuted the case of non-qualification alleged by the appellant.

The appellate court also said that Senator Akpabio met the requirements of Section 65 (2) of the 1999 Constitution which clearly states that a person can only contest an election if he is a member of a political party and sponsored by it.

The court also held that evidence showed that there was no other candidate for Akwa Ibom North-West for PDP and as such it was clear that nobody was deceived as to the candidature of Senator Akpabio.

“It is clear that the error in one of the nomination papers which contained Akwa Ibom North-East for Akpabio, instead of Akwa Ibom North-West, has been clearly and satisfactorily explained to the court without any ambiguity,” it ruled.

Back in Imo, the Court of Appeal in Owerri on Thursday dismissed the petition filed by Osita Izunaso of APC, challenging the election of Senator Hope Uzodimma as the Senator representing Imo West in the April 11, 2015 National Assembly election. The Appellate Court therefore affirmed the election of Uzodimma.

Izunaso had approached the Appeal Court to upturn the judgment of the National/State House of Assembly Election Tribunal in Owerri given by Justice Ali Garba from Yobe State which dismissed his case for lack of merit.

At the tribunal, the three-member panel in a unanimous decision held that Izunaso failed to prove that there were no elections in three Local Government Areas of the Senatorial District, namely; Oru-East, Oguta and Ohaji-Egbema andconsequently threw out the matter.

The tribunal relied on the uncontroverted evidence led by the respondents in proof of the election of April 11, 2015 and further held that the Petitioner failed to prove that the first respondent (Senator Hope Uzodimma) did not score the majority of the lawful votes cast in the election. It also held that the Izunaso failed to prove that he scored the majority of the lawful votes in the said election.

•Photo shows Senator Akpabio.

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