The Court of Appeal, Lagos Division on Monday reaffirmed the victory of Senator Orji Uzor Kalu of the All Progressives Congress as the winner of the February 25, 2023 poll for Abia North Senatorial District.
In a unanimous ruling, the Appeal Court upheld the judgment of the Abia State National Assembly Elections Petitions Tribunal.
The tribunal had earlier dismissed the petition of Peoples Democratic Party’s Mao Ohuabunwa and Labour Party’s Nnamdi Iro Orji for lacking merit.
The court while upholding the victory of Kalu, said that the election of the former Abia State Governor compiled with the provisions of the Electoral Act.
The Appeal Court judges also faulted the arguments of both petitioners that election did not hold in over 120 polling units, mainly in Ohafia and Arochukwu Local Government Areas.
The court also set aside the prayers of Orji to disqualify Senator Kalu for having allegedly admitted before the Federal High Court that he was convicted of fraud.
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The panel in its ruling held that there is no valid conviction of Kalu under section 66 of the Nigerian constitution as the said conviction had been nullified.
Further dismissing the appeals of Iro and Ohuabunwa, the panel also ruled that the appellants of both the PDP and LP failed to prove their allegations of election not holding in some polling units.
The court in its constitutional interpretation also validated Kalu’s eligibility to contest the election, stating that his trial and conviction was quashed by the Supreme Court.
Three other grounds of the LP candidate were dismissed in Kalu’s favour.
Kalu, a Chieftain of the APC, was declared winner by the Returning Officer of the Independent National Electoral Commission for Abia North Senatorial District, Chinedu Nnamdi, at Ohafia.
Kalu, a two-time lawmaker, who currently presides as the Chairman of the Senate Committee on Privatisation and Commercialisation, was declared winner by INEC in the keenly contested February 25 senatorial poll, having scored 30,805 votes to defeat Nnamdi, who polled 27,540 votes.
Ohuabunwa scored 15,175 votes to place third.