The State and National Assembly Appeal Court sitting in Lagos, on Friday, dismissed the petition filed by Action Alliance (AA) and Accord Party (AP) against Gov. Umo Eno of Akwa Ibom State.
The three-member panel led by Justice Tani Hassan, said that the findings of the tribunal were unassailable.
“I resolve the issue against the appellant and uphold the judgment of the tribunal.
“I dismiss the petition as lacking in merit,” Hassan held.
The News Agency of Nigeria (NAN) reports that the Action Alliance and its Governorship candidate, Mr Akpan Udot, had contended that the party’s name was not captured on the ballot paper.
They, therefore, urged the court to nullify the election.
However, Eno and his party, Peoples Democratic Party (PDP), prayed the court to discontinue the submission of AA.
Mr Paul Usoro (SAN), counsel for PDP and the governor, argued among other things that the appellants were not vested with the locus standi ‘to present or initiate the petition.
He based his argument pursuant on the provisions of Section 133(1) of the Electoral Act 2022.
According to him, the aforementioned section unambiguously stipulates that “an election petition may be presented by one or more of the following persons…(a) a candidate in an election;or (b) a political party which participated in the election”.
He, therefore, said that Section 133(1) of the Electoral Act was clear on the case, explaing that the appellant did not have locus standi to initiate the appeal.
Usoro urged the court to dismiss the appeal.
Earlier, the court had reserved judgment in the case filed by the All Progressives Congress (APC) against the governor of Akwa Ibom State.
Counsel to APC, Mr Hassan Liman, had earlier claimed that Eno, was once convicted by an Upper Area Court in Abuja.
He argued that it is a constitutional disqualification for a sitting governor to be convicted by a court.
Liman, said though the respondent (Gov. Eno and PDP) had argued that the sentence was set aside by the same court, they should not have participated in the March 18, election.
He also urged the court to disqualify the candidate of Young Peoples Party who came second in the election, for presenting forged certificate to INEC.
“I submit having found that the first respondent (Gov. Eno) and second respondent (YPP’s candidate) having been disqualified constitutionally, their votes be nullified.
“The decision of the tribunal be set aside and the second runner up (APC) be declared as the duly elected governor of Akwa Ibom State.
In his response, counsel to PDP, said that all the witnesses brought by the petitioner unanimously said that the result had been set aside by the same court that pronounced it.
He also said that the tribunal had held that it lacked jurisdiction to set aside judgment of a court.
He urged the appeal court to dismiss the appeal as lacking in merit.
Other parties in the case aligned with the submission of Usoro.
The three-member panel, however, reserved judgment and said that the date would be communicated to the parties. (NAN)