The Election Petition Tribunal sitting in Enugu State yesterday, struck out a petition filed by Mr. Anthony Nwafor of the All Progressives Grand Alliance (APGA) for non-appearance.
Nwafor was challenging the declaration of Mr. Chukwuemeka Ujam of the Peoples Democratic Party (PDP) as the winner of Nkanu East/West constituency in the March 28 National Assembly (NASS) elections.
Chairman of the Tribunal, Justice Michael Edem ruled that since the petitioner did not appear before it, the petition should be struck out.
He awarded N20,000 in favour of the respondent.
Reacting to the ruling, counsel to the respondent, Mrs. Justina Offiah (SAN) said she received an application by the petitioner’s counsel to withdraw the petition before the tribunal’s judgment.
“I feel that the petitioner lost interest in the case,” Offiah said.
Counsel to the petitioner Mr. P.M.B Onyia declined comment on the tribunal’s decision.
In another ruling, the tribunal dismissed a petition instituted by Okwudili Ifeanyi of APGA challenging the declaration of Princess Stella Ngwu as the winner of Igboetiti/Uzouwani Federal Constituency election.
Ifeanyi moved a motion urging the Tribunal to declare him winner of the March 28 NASS election.
He prayed the court for an extension of time to enable him sort out some issues.
Onyia said the petitioner failed to submit its application to the tribunal within the stipulated time of seven days.
He argued that after an expiration of the period required by the electoral act to file an application, the Tribunal had no jurisdiction to entertain such application.
He therefore urged the court to strike out the matter as it had become invalid.
Justice Edem in his ruling described the request for extension of time as an ‘abuse’ of court processes.
He said the petitioner failed to apply for a motion within the required time of the law.
Edem dismissed the case without any cost to the petitioner.
Counsel to the petitioner, Mr J.O. Udensi said his client’s application was thrashed based on technicalities.
According to him, ‘I will discuss with my client on the next line of action’.
