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Appeal court upholds Akpabio’s election

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EFCC investigates Akpabio, may seize his properties

The Court of Appeal, sitting in Abuja, Friday upheld the election of the immediate former governor of Akwa Ibom state, Godswill Akpabio, as the Senator representing Akwa Ibom North-West Senatorial District in the State, ruling that he was validly elected.

The court, in the judgment delivered Friday afternoon, theen three-man panel of Justices of the appellate court led by Justice Mashood Oredola, dismissed the appeal lodged against ‎Akpabio by the candidate of the All‎ ‎Progressives Congress, APC, for the Senatorial District, Chief Inibehe Okori.‎

Read also: A’Ibom rerun, Akpabio’s travail, an emerging dotted line

The court held that ‎the Akwa Ibom State National Assembly Election Petition Tribunal acted properly when it dismissed the joint petition ‎that Okori and APC filed before it on April 18, adding that the appellants failed to, by preponderance of evidence, prove that Akpabio was not duly nominated by the Peoples Democratic Party, PDP, to contest the March 28 election.

The appellate court further held that the fact that Akpabio was in an initial list that was sent to the Independent National Electoral Commission, INEC, by the PDP, erroneously identified as the Senatorial candidate for Akwa Ibom North East, did not invalidate his election, adding that Akpabio was duly nominated for the election in accordance with the provisions of section 65(2) of the 1999 constitution, as amended, and section138(1) of the Electoral Act.

‎”The tribunal was right to hold that no one was mislead by the mistake. The 1st Respondent was qualified and duly nominated by the 3rd Respondent‎.

‎”There is abundant evidence that the electorates, including the petitioners, were not in any way undecided as to the Senatorial District which the 1st respondent ‎was nominated to contest the election.‎

“The 1st Respondent have proved by credible evidence that he was duly sponsored by the 3rd Respondent and was eminently qualified to contest the election.

‎”‎The electorates that trooped out to vote on March 28 must have their wishes and votes respected. The real essence of democratic practice is to afford them the opportunity to express their wish through the ballot, so as to have their say. Once they have spoken, their voice must not only be heard but must be protected as well as respected.

“In the overall, this appeal lacks merit and is hereby refused. The judgement of the tribunal delivered on October 14 is hereby affirmed. There shall be no order as to cost”, the appeal court ruled.

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