The three-man Tribunal held that the former Deputy Senate President was elected with lawful valid votes cast during the February 23, 2019 elections.
Delivering its judgement, the Tribunal, led by Hon. Justice H.H Kerang held that there was an incurable deficit in the pleadings of the petitioners.
It had ruled that “The petition deserves no other thing rather than that of dismissal; The 1st Respondent was duly elected by majority of lawful votes cast. The petitioners failed to prove non-compliance.”
It declared that “the election and return of the 1st Respondent as the winner of the Enugu West Senatorial election is hereby upheld.”
It awarded a cost of N250,000 each in favour of the three respondents against the petitioners.
Reacting to the judgment, the chairman of the APC in Enugu State, Dr. Ben Nwoye, who was in the court, said it was highly disappointing.
Nwoye told DAILY POST that “we are very disappointed by the Tribunal’s decision; to say the least, the APC and its candidate are highly disappointed. We had a good case to prove all the allegations but it has taken a different turn.
“But as democrats, the lawyers will study the content of the judgement and we take it from there; but I want to assure you that this will not be the end.
“We are shocked that despite all the evidence presented, and all the grounds, we have this kind of outcome.”
He further stated that “It appears to be a preconceived judgement. On Saturday, we had the same thing; if you follow what the learned jurists considered to be proof of facts, it appears to have some preconceived rulings, that this is what they want to do, and they have gone on to follow it. What we have it what is called a template judgement, there has not been any deviation; the next one coming up, the template judgment will also be delivered, so we are highly disappointed.”
“I commend our legal team, the effort of our candidates, because what it happening does not not use to happen before. In Enugu State, once you lose election, it is just over, but this time around our party men and women are putting up a good fight; they took electoral fraud to court, that’s why I am in shock.
“People were calling election results even before collation; in Ogun State, APC had one of its election annulled before of premature announcement of results, but in Enugu State here where the election was also prematurely announced, the court has looked the other way, there was wilful blindness on the part of the judiciary.
“But it does not encourage democracy, it does not encourage the assertion that democracy is the last hope of the common man,” Nwoye added.
Similarly, the lawyer to the petitioner, Mr. Patrick Luke said he already had the instructions of his client to appeal the judgement.
“We will pursue this to a logical conclusion; we still have the constitutional right to appeal further.
“I can confirm to you that the petitioners, we have their instructions to appeal this judgement. There are fundamental flaws on the judgement, especially on the issue of result dating,” he said.