The Supreme Court has affirmed the election of Alex Otti of the Labour Party (LP) as the governor of Abia State, declaring him winner of the March 18, 2023 governorship election held in the state.
The apex court, in a unanimous decision by a five-member panel of justices on Friday, dismissed two separate appeals brought by the candidates of the Peoples Democratic Party (PDP), Chief Okey Ahiwe, and his counterpart in the All Progressives Congress, APC, Chief Ikechi Emenike, over lack of merit.
The court held that the argument of the appellants that Otti was not a bona fide member of the LP at the time the governorship election was held was immaterial in the face of Section 177(c) of the 1999 Constitution, as amended.
It held that since Otti did not stand for the election as an independent candidate, there was no doubt that he was nominated and sponsored by a political party.
The Supreme Court further held that even if Otti’s name was not on the said membership list, the PDP and its candidate lacked the locus standi to challenge the matter in court, as doing so would amount to “crying more than the bereaved.”
Background
An Appeal Court sitting in Lagos State had in early December 2023, upheld Alex Otti’s victory as Abia State Governor in March 18, 2023, gubernatorial elections.
In a unanimous decision, the court stressed that the election of Alex Otti conformed with the provisions of the Electoral Act.
The court dismissed the appeals brought by the Peoples Democratic Party (PDP) and the All Progressives Congress (APC) and their governorship candidates against Otti’s victory.
The PDP candidate in the election, Ahiwe had approached the appellate court after losing an earlier legal challenge at the state election tribunal, which upheld Otti’s March 2023 victory.
He had alleged that Otti was unqualified to contest the polls and forged academic credentials.
But the three-member appeals court panel affirmed that he failed to provide sufficient evidence debunking the substantive decision of the lower tribunal.
The court said issues of political party membership is a pre-election matter, which also falls within the jurisdiction of the political party.
It buttressed the decision saying that since Otti joined the Labour Party, won its primary election and submitted his name to the Independent National Electoral Commission (INEC), he was qualified to contest.
On the issues of Bimodial Voter Accreditation System, BVAS, brought by the PDP and its candidate, the appeal court said the appellants failed to demonstrate or link their documentary evidence to the specific parts of the case.
In his reaction to the appeal court’s ruling, Ahiwe urged his supporters to keep calm and retain confidence despite the setback.
Ifunanya Ikueze is an Engineer, Safety Professional, Writer, Investor, Entrepreneur and Educator.
