Labour Party Secures Victory in Aniocha Oshimili Federal Constituency, Delta State, Following Court of Appeal Ruling
Appeal Court Overturns Election Petition Tribunal Decision, Declares Ngozi Okolie of the Labour Party as Legitimate Winner
Abuja, September 14, 2023-
In a significant turn of events, the Court of Appeal in Abuja has reversed the earlier ruling by the Election Petition Tribunal in Asaba, declaring Ngozi Okolie of the Labour Party (LP) as the rightful winner of the Aniocha Oshimili Federal Constituency election, which took place on February 25, 2023.
The Election Petition Tribunal had initially nullified Ngozi Okolie’s victory, awarding the victory to Ndudi Elumelu of the Peoples Democratic Party (PDP). However, the Appeal Court’s recent decision has brought a swift end to this protracted legal battle.
Mahmud Magaji (SAN), the legal counsel representing the Labour Party, argued that the tribunal had erred in its judgment. He contended that Okolie’s nomination and sponsorship by the Labour Party were legitimate, and Okolie had resigned his post as a Senior Special Assistant (SSA) to the Delta State Government, complying with constitutional requirements.
The Panel of Appeal Judges, after a thorough examination of the case, concluded that the tribunal had made grave errors. They specifically highlighted that the tribunal’s decision to nullify Okolie’s election based on his SSA appointment was unfounded, as it did not impact his candidacy. Furthermore, they criticized the tribunal’s failure to adequately address the dispute concerning Okolie’s candidacy, casting doubt on the legitimacy of Elumelu’s election.
The Court of Appeal categorically stated that the tribunal had overstepped its jurisdiction in nullifying Okolie’s election, asserting that the election had never been voided. Additionally, they determined that Elumelu’s election was not in accordance with the law, rendering the tribunal’s decision in his favor null and void.
Consequently, the Court of Appeal ordered the dismissal of Elumelu’s petition and the reversal of the tribunal’s judgment. In a momentous verdict, the panel of Appeal Judges upheld Ngozi Okolie’s victory and directed that he be awarded a certificate of return.
This landmark ruling by the Court of Appeal has finally brought closure to the legal turmoil that has persisted since the February 25 election. It underscores the significance of adhering to the Electoral Act and the imperative of resolving disputes over candidates’ nominations to ensure the integrity of the electoral process. This decision reaffirms the fundamental right of citizens to participate in elections with due process and fairness.