LP’s Okolie seeks to upturn tribunal judgement with 9-ground appeal

From Paul Osuyi, Asaba

The member representing Aniocha/Oshimili Constituency at the House of Representatives, Mr. Ngozi Okolie, has filed a nine-ground of appeal against the judgement of the tribunal which nullified his election.

The National Assembly Election Petition Tribunal sitting in Asaba had last month, sacked Okolie of the Labour Party and declared Ndudi Elumelu of the People’s Democratic Party (PDP) as winner of the February 25, 2023 election.

In the judgement, Justice A.Z. Mussa held that Okolie was not duly sponsored by Labour Party, as he was not a party member as of May 28, 2022, when its primary.

The tribunal further held that Okolie did not resign his political position before joining the race for the election.

In the appeal filed on his behalf by his counsel, Chike Onyemenam,(SAN), at the Court of Appeal, Asaba, Okolie is seeking to quash the tribunal.

Okolie is the appellant while Elumelu Ndudi,(PDP), Independent National Electoral Commission(INEC) and Labour Party, (LP) are joined as respondents.

The appellate court will commence hearing on August 24.

Some of the reliefs sought by Okolie are: “An order setting aside the judgment of the tribunal and in its place, an order dismissing the petition before the lower tribunal for failure of the petitioners (1st and 2nd Respondents herein) to make out a prima facie case on same and for consequently failing to establish the Grounds for presenting same and facts pleaded in support of the said Grounds as required by Law.

“An order restoring the Declaration and Return of the Appellant by INEC at the Polls as the Winner of the Election and duly elected Member of the House of Representatives for Aniocha Oshimili Federal Constituency having scored the majority of lawful votes cast at the Election”.

“An order that the Chairman and members of the Tribunal erred in Law by holding that the original INEC nomination Form EC9 tendered by Labour Party (2nd Respondent at the Tribunal) said to be uploaded to INEC electronically, which INEC admitted that it consequently received and published the name of the Appellant as the Labour Party candidate for the election (in September 2022) over six months before the election was inadmissible to prove that Labour Party forwarded the name of the Appellant as its candidate to INEC for the election because the Certified True Copy of the Uploaded INEC Form EC9 is what ought to have been tendered and proceeded to hold that Labour Party did not forward the name of the Appellant as its candidate to INEC for the election, hence Labour Party did not sponsor the Appellant and proceeded to hold that the Appellant was not qualified to contest the election thereby occasioning a gross miscarriage of justice on the Appellant”.

“An order that the Judgment is against the weight of Evidence.”