Tribunal nullifies election of Enugu PDP lawmaker from Nkanu East Constituency, Orders Re-run

In a significant electoral development, the National and State Assembly Election Petition Tribunal in Enugu has nullified the electoral victory of Hon. Okey Mbah, representing the People’s Democratic Party (PDP), in the March 18 House of Assembly election for Nkanu East constituency.

This decision comes in response to a legal challenge brought forth by the Labour Party’s candidate, Surv. Okwudiri Nnaji, who contested the election results.

The three-member tribunal, led by Honourable Justice Adie Attoe Onyebueke, reached its verdict based on compelling evidence that the election process did not conform to the provisions of the 2022 Electoral Act. Notably, the tribunal highlighted the presence of over-voting as a significant concern, particularly in wards such as Owo, Ugbawka 1, Akpofu/Amagunze, and Ihuokpara. This over-voting was substantiated by the BVAS report, Form E8As, and the voters’ register presented by the Petitioners.

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Crucially, the tribunal pointed out that the Independent National Electoral Commission (INEC) failed to mount a defense by providing witnesses or documents to counter the Petitioners’ compelling evidence. This lack of rebuttal played a pivotal role in the tribunal’s decision.

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Furthermore, the tribunal stressed that non-compliance with electoral laws could be established through documentary evidence, particularly when such non-compliance is readily apparent from the face of the documents, as stipulated by Section 137 of the Electoral Act, 2022.

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In light of these findings, the tribunal issued an order for a rerun election in the affected areas, instructing INEC to organize the rerun within a 90-day timeframe. This ruling underscores the tribunal’s unwavering commitment to preserving the integrity of the electoral process and ensuring that election outcomes adhere to legal standards.

This development is expected to have significant political implications in Nkanu East Constituency and highlights the vital role that electoral tribunals play in upholding democratic principles.

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