The Court of Appeal in Abuja has affirmed the judgment of the National and State Houses of Assembly Election Tribunal, which declared Natasha Akpoti Uduaghan of the People’s Democratic Party (PDP) as the validly elected Senator representing Kogi State Central Senatorial District.
In a judgment on Tuesday, a three-member panel of the appellate court, also affirmed the tribunal’s nullification of Abubakar Sadiku-Ohere of the All Progressives Congress (APC) who was earlier returned by the Independent National Electoral Commission (INEC) as the winner of the election.
In the unanimous judgment, read by Justice Hamma Barka, the court held, among others, that Sadiku-Ohere failed to provide convincing evidence why the judgment of the tribunal should be reversed.
The appellate court, while dismissing Sadiku-Ohere’s appeal, was of the view that INEC, saddled with the responsibilities of conducting elections and collating the results, failed to provide reasons why the results of the elections in some Local Government Areas (LGAs) were rejected and excluded from the overall results announced after the conduct of the last National Assembly election in Kogi Central.
INEC declared Sadiku-Ohere winner of the February 25, senatorial election, a decision Akpoti-Uduaghan appealed before the tribunal on the grounds that INEC failed to input results from Ajaokuta, Adavi and Okehi Local Government Areas, where she scored more votes.
The tribunal held in her favour and sacked Sadiku-Ohere, prompting the APC candidate to appeal to the Court of Appeal in Abuja.
The court also dismissed the appeal filed by INEC against the tribunal judgment. It held that the appeal by INEC was of no utilitarian value and a mere waste of judicial time.
The court held that such an appeal from INEC, supporting a particular candidate, should be discouraged,.
It further held that INEC ought to be an unbiased arbiter and proceeded to award N500,000 cost against the electoral umpire.
