Senator Victor Ndoma-Egba (SAN)
of the All Progressives Congress (APC) has lost at the election tribunal in
Calabar, Cross River State.
Senator Victor Ndoma-Egba of the
APC had challenged the election of Senator Sandy Onor of the Peoples Democratic
Party, PDP, representing Cross River Central senatorial district.
Delivering judgment on behalf of
other three-man Tribunal on Wednesday, Justice Vincent Agbata, noted that
petitioner’s argument that he was unlawfully excluded by the Independent
National Electoral Commission INEC from due participation in the election of
23rd February failed because INEC acted within the ambit of the rule of law in
obeying the order of a Federal High court judgement in delisting the name of
the petitioner as candidate of the APC.
The Tribunal noted that “The APC
was unarguably at war with itself and had several pre-election litigations one
of which gave rise to the exclusion of their candidates in the election which
the Tribunal averred as a lawful act since there was no superior order of court
to that of lower court which ordered the exclusion.
“Even if the petitioner, Senator
Victor Ndoma-Egba had scored the highest votes during that election the
tribunal would still not declare him the winner because of the enumerated
findings and submissions. The petition was bound to fail from the onset
The Tribunal said that “The
Appeal court order of February 20th 2019 which directed that a status quo be
maintained by parties means the situation as at the date order given and not
before February 11, 2019 when the Federal High Court judgement was given.
More so, “The Tribunal viewed the
petition as situated under the jurisdiction of pre-election matter being that
the exclusion act by INEC, took place before the election”.
It was also contended that the
petitioner by the eye of the law was not validly the duly nominated candidate
of his party at the time of the election being that he was lawfully excluded.
Responding to the Tribunal
ruling, counsels to the respondents and the petitioners represented by Patrick
Akan Esq and Efiom Ekong Esq respectively accepted the Tribunal judgment.
The Tribunal in the second
judgment also upheld the election of PDP’s Hon. Chris Agibe member representing
Ikom-Boki Federal constituency in the National Assembly by dismissing the
arguments of the petitioner; APC’s Victor Agban which pleaded unlawful
exclusion.
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