Appeal Court Sacks Ikpeazu, Declares Alex Otti As Abia Governor

The Appeal Court sitting in Owerri has nullified the election of Dr. Okezie Ikpeazu of the Peoples Democratic Party, PDP as the governor of Abia State following the appeal filed by Mr. Alex Otti of the All Progressive Grand Alliance, APGA over the April 11 and April 25 supplementary elections in the state.

Otti had approached the Appeal Court after the Election Tribunal gave its judgment in favour of the PDP’s candidate on November 3, 2015. He prayed the tribunal to annul the declaration of Mr. Okezie Ikpeazu as governor, saying that the election was marred by irregularities and substantial non-compliance with the Electoral Act.
Furthermore, he pleaded the tribunal to declare him as the rightful winner of the said election having scored the highest votes permissible in law.

In a judgment delivered by Justice Oyebisi Omoleye, the Appeal Court held that the APGA’s candidate clearly scored a total of 164,444 votes against 114,444 votes scored by PDP’s candidate in the election.
Consequently, the court declared that Mr.Alex Otti having scored the highest votes in the election is the rightful winner, and directed INEC to issue him with a Certificate of Return, and to be sworn-in as the governor of Abia state accordingly.  

The court further stated that the cancellation of the elections held in Isiala Ngwa, Obingwa and Osisioma Ngwa by the Returning Officer after the results were submitted to the electoral body was ultra vires citing the Electoral Act to buttress his point that a returning officer lacks powers to cancel election already conducted.

Justice Omoleye also stated that the panel discovered that the earlier results uploaded to INEC headquarters corresponded with the correct valid registered voters in the three LGA, while the results awarded to the respondent shows excessive voting and hence, null and void.

In the same vein, Justice Omoleye dismissed the preliminary objections filed Mr. Ikpeazu challenging the constitution of the panel stating that it lacked merit.  

In response, APGA’s counsel hailed the judgment while Mr. Ikpeazu through his counsel said that he would study the judgment to take a decision.