Abia: Otti failed to prove his case, Supreme Court says

The failure of Dr. Alex Otti and his party, the All Progressives Grand Alliance (APGA) to substantiate the allegations contained in the petition has been cited by the Supreme Court as reason for upholding the election of Dr Okezie Ikpeazu of the Peoples Democratic Party (PDP) as governor of Abia State.

The Supreme Court stated this on Friday, while giving reasons for their decision to uphold Ikpeazu’s election on February 3.

According to Justice Suleiman Galadima, who read the lead judgment, Otti and the APGA were unable to prove the allegation of over-voting, violence and corrupt practices allegedly perpetrated by the respondents.

“On the issue of over-voting, the court holds that there was no sufficient proof as the voter register and the card reader report were not tendered.

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“The criminal allegation of corrupt malpractices carried out by PDP loyalists for the benefit of the governor was not also proved,’’ he held.

The court also held that it was wrong for the returning officers for Obingwa, Osisioma Ngwa and Isiala Ngwa to have cancelled the election results of the areas.

“That action amounted to the disenfranchisement of voters. It was also inappropriate for the tribunal to order the cancellation of election.

“All of this misappropriation only gave room for the unlawful declaration of the APGA candidate by the lower court.
“Those actions were perversion of justice and the apex court could not have allowed them,’’ he said.

According to Justice Galadima, the evidence placed before the court showed clearly that the tribunal took over the constitutional duties of the Independent National Electoral Commission (INEC.)

“On the card reader, the court maintains its earlier position that the tribunal cannot supplant the voter register.
“The gadget is only meant to authenticate bearers of voter card and not meant to usurp the statutory power of the voter register.

“At the moment, the voter register remains the only authentic document as provided by Section 49 of the Electoral Act to prove allegation of fraud in elections,’’ Galadima declared.

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