The Court of Appeal sitting in Makurdi, the Benue State capital has affirmed the decision of the National and State House of Assembly’s Election Tribunal, sacking the Deputy Speaker, Christopher Adaji, as the lawmaker representing Ohimini state constituency on the platform of the Peoples Democratic Party (PDP).
The presiding Judge of the three-man panel, Honourable Justice I. G. Mbaba, who delivered the lead judgment in the separate appeals filed by the PDP and Mr Christopher Adaji said the appeals lacked merit.
Justice Mbaba agreed with the decision of the Tribunal that the declaration and return of Adaji by the Independent National Electoral Commission (INEC) as winner of the 2019 Ohimini State Constituency election, without rerun in Otega and Ogadagba was invalid by reason of non- compliance with Electoral Act 2010 (as amended).
The Appellate Court further held that the findings of the Tribunal have not been appealed.
“I find no merit in this appeal,” Justice Mbaba held and consequently dismissed same.
He, therefore, issued an order directing INEC to conduct fresh election in the two polling units within 90 days from the day of the judgment, as earlier ordered by the Tribunal.
Justice Mbaba further awarded the cost of N200, 000 only in each of the appeals against the appellants as cost.
INEC had returned Adaji winner with a margin of 397 votes, which is less than 1, 056 votes cancelled in the two polling units complained of at the end of the March 9, 2019, Obimini State Constituency election.
Practical Considerations to Negotiate an Enforceable Joint Operating Agreement in Civil Law Jurisdictions (Netherlands: Kluwer Law International, 2020) By Professor Damilola S. Olawuyi, LL. B (1st Class), BL (1st Class), LL.M (Calgary), LL.M (Harvard), DPhil (Oxford), Professor of Law and Deputy Vice-Chancellor, Afe Babalola University, Ado Ekiti, Nigeria, www.damilolaolawuyi.com. & Professor Eduardo G. Pereira, LL. B (Brazil), LL.M (Aberdeen), PhD (Aberdeen),www.eduardogpereira.com
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