Justice Chima Nweze, who
gave the reasons, said that the decision of the lower court was a mis-judgment
based on only facts and not on the provisions of the laws.
Nweze said the decisions of
the lower court swayed the guidelines of the Independent National Electoral
Commission (INEC) on the use of card readers for the election.
He further held that the
lower court denied the governor fair hearing.
“From the study of the
evidence brought before us Udom Emmanuel won the highest lawfully cast votes.
“This has placed the court
to set aside the judgments of the two lower courts as the other parties
challenging his victory could prove otherwise.
“The lower courts were
wrong to have cancelled elections in 18 and subsequently the entire 31 Local
Government Areas of the state on the basis of non-compliance,’’ he held.
“While we commend the
introduction of the card readers, the innovation, however, cannot supersede the
voters register.
“The extant laws of the
federation provides for the use of voters register but the card reader
irrespective of its importance does not have a place in any extant law of the
land,’’ Nweze held.
Nweze, therefore, held that
the tribunal was wrong to base it judgment on non-compliance with the use of
card readers.
On allegation of violence
and irregularities during the election, Nweze said Umana Umana and the All
Progressives Congress (APC) failed to prove the allegations.
“The two respondents were
not able to prove the allegations beyond reasonable doubt because they failed
to bring witnesses from all the polling units to substantiate their claims,’’
Nweze said.
Nweze held that to prove
non-accreditation, the respondents ought to have tendered the voters register
and then demonstrate it how it was abused.
“I do align myself to
earlier decision of the apex court that the provision of the law recognises the
voters register as the only key element to conduct any elections,” he said.
While noting that INEC had
power to make subsidiary regulations regarding conduct of election, Nweze held
that the regulations must conform to constitutional provisions.
Nweze held that the extant
laws did not give room for arbitrary nullification of an election.
“Petitioners have got to
prove that there was substantial non-compliance in all polling units before we
could take such allegation serious,” he said.
The Court of Appeal in
Abuja had nullified the Akwa Ibom governorship election of April 11.
The governor’s election was
challenged by the APC and its candidate, Umana.
At the election tribunal,
the governor secured partial victory, as it ordered a rerun in 18 out of the
state’s 31 local government areas.
The governor challenged the
ruling, insisting he won in all 31 local government areas, but the Court of
Appeal went on to nullify the entire election.
Justices Mary Peter-Odili
and Clara Ogunbiyi had hinged on the above reasons to justify the return of
Delta,Yobe and Oyo States governors.
(NAN)
