The Ebonyi State Governorship Election Petition Tribunal sitting in Abuja, Wednesday. Sept. 27, dismissed a petition filed by the All Progressives Grand Alliance (APGA) and its governorship candidate, Prof Benard Odoh, contesting the election of Governor Francis Nwifuru of Ebonyi State.
The Tribunal held that the petition bordered on a pre-election matter over which it lacked jurisdiction to determine.
It proceeded nevertheless to determine the petition on merit and dismissed same for lacking in merit.
The Tribunal also held that it is not within the contemplation of the Constitution that the failure of the 2nd Respondent to vacate his seat as Speaker of Ebonyi State House of Assembly after defecting from the PDP to the APC should operate as a bar to his contesting election on the APC platform for the governorship of Ebonyi State.
According to the tribunal, the petitioners failed to prove that the 2nd Respondent was at the time of the election not qualified to contest the Governorship Election, hence there is substantial material evidence before the Tribunal, which shows that the 2nd Respondent duly resigned his membership of the Peoples Democratic Party (PDP).
The summary of the Court ruling indicated that “The petitioners failed to approach the proper court to entertain the issue of membership of a political party.
“Notwithstanding, the Tribunal has no power to entertain an issue which took place before the election. However, apart from an aspirant who participated in the primaries of the 3rd Respondent, no other person has the right to challenge the membership of the 2nd Respondent.
“No court has the power to dabble or poke into the internal domestic affairs of a political party. (No PDP membership Register of Enyanwuigwe ward was tendered before the Tribunal to substantiate that the 2nd Respondent is a member of PDP).
“The claim of the petitioners that the 2nd Respondent’s APC Form is forgery holds no water as same was not supported by any evidence from the petitioners.
“Where a party forwarded name of a candidate to INEC it means that such a candidate is a fully-fledged member of such a political party. Exhibit R5 which is the votes and proceedings of Ebonyi State House of Assembly clearly disclosed the date the 2nd Respondent defected PDP to APC.
“It is not for the Tribunal to invoke section 109 of the 1999 constitution as amended against the 2nd Respondent, But that of the members of Ebonyi State House of Assembly.
“It will be unjust for the Tribunal to hold that the 2nd Respondent was not qualified to contest the Governorship election of Ebonyi State by the mere fact that he failed to vacate his seat in line with the order in Judgement delivered by Justice Ekwo.
“In the final analysis, qualification on the ground of membership of APC which is a pre-election matter is the only ground. The petitioners therefore woefully failed to prove all the grounds of their petition and the same is accordingly struck out. No order as to cost.”
