The Court of Appeal sitting in Enugu on Monday upheld the election of the People Democratic Party candidate for Enugu East Senatorial District, Senator Gilbert Nnaji.
The tribunal, chaired by Justice A.D. Yahaya, set aside the lower tribunal’s judgment, which cancelled the election and ordered a re-run.
The lower tribunal had in its decision held that the election was marred with irregularities and non-compliance with the Electoral Act.
The Court of Appeal held that the lower tribunal admitted the forensic report submitted by former Governor Chimaroke Nnamani without substantial compliance to the law.
The tribunal dismissed the report, saying that there was no evidence by the petitioner to justify that the election that produced the respondent was not in compliance with the Electoral Act.
Yahaya noted that since the report had been struck out, the petition could not stand, adding that there would be no re-election and no declaration of the respondent as the winner.
Nnamani of the People for Democratic Change had challenged the declaration of Nnaji as the winner of the election by the Independent National Electoral Commission.
The lower tribunal earlier nullified the election and mandated INEC to conduct another one within 90 days, prompting Nnaji to go to the appeal tribunal.
In a similar ruling, the Court of Appeal nullified the election of Senator Uche Ekwunife of the PDP and gave INEC 90 days to conduct a fresh election.
Victor Umeh of the All Progressives Grand Alliance challenged the emergence of Ekwunife as the senator for Anambra Central Senatorial District and lost at the lower tribunal.
In another ruling, the Court of Appeal upheld the election of Deputy Senate President, Ike Ekweremadu of the PDP, as the senator representing Enugu West.
The Court of Appeal held that the authentic candidate for the All Progressives Congress was Louisa Eze and not Philip Chukwudi.
Chukwudi had requested the Court nullifies the election that produced Ekweremadu as his name was excluded.
NAN.