The Court of Appeal in Abuja yesterday upheld the sack of Senator George Thompson Sekibo of the Peoples Democratic Party (PDP), representing Rivers East.
The court, in two other judgments, also upheld the elections of Magnus Abe of the All Progressives Congress (APC) as senator representing Rivers South East, and Osinachukwu Ideozu, of the PDP, representing Rivers West.
The judgments were unanimously given by a three-man panel, comprising Justices Adamu Jauro, Habeeb Adewale Abiru and Mohammed Mustapha.
In the judgment on Sekibo’s appeal: CA/A/EPT/487/2017, the court said it found no reason to alter the decision of the tribunal of June 27, voiding Sekibo’s election.
The Appeal Court held that where an election has been found to have been conducted in breach of the Electoral Act and INEC guidelines, as is the case in Sekibo’s election, such an election shall be liable to be voided as rightly done by the tribunal.
It dismissed Sekibo’s appeal as unmeritorious, and upheld the judgment and consequential orders, including directing that Sekibo be replaced by Andrew Uchendu of the All Progressives Congress (APC).
The tribunal, headed by Justice Goddy Anunihu, had, while pronouncing Uchendu as actual winner of Rivers East Senatorial District election, directed the Independent National Electoral Commission ((INEC) to withdraw the Certificate of Return issued to Sekibo, and give a fresh one to Uchendu.
The tribunal found Uchendu won the lawful majority votes cast at the rerun legislative election, and that the petitioner (Uchendu) proved his allegations the election was held without substantial compliance with the Electoral Act and INEC guidelines.
In upholding Abe’s election, the court dismissed the appeal by Olaka Johnson Nwogu of the PDP: CA/A/EPT/508/2017, on the on the grounds that it was without merit.
The court added that the appellant failed to prove his allegations of non-compliance with the Electoral Act, election manipulation and fraud.
The court said it found no reason to alter the findings by the tribunal, which earlier dismissed Nwogu’s petition.
The appellate court equally dismissed the appeal by Otelemaba Amachree of the APC: CA/A/EPT/2017, challenging the election of Senator Ideozu on the grounds that it lacks merit.
The court said the tribunal sufficiently dealt with issues raised by parties and that there was no reason for the appellate court to alter such finding.
Ideozu was a member of the House of Assembly, representing Ahoada West between 1999 and 2003. Afterwards, between 2003 and 2007, he represented Abua-Odual/Ahoada East in the House of Representatives before his appointment as commissioner for Education.
By the judgments, APC now has two senators in Rivers State, with PDP left with one.