The Asaba Division of the Court of Appeal is scheduled to commence hearing on August 24 in the appeal brought forward by Ngozi Okolie, a Labour Party (LP) member representing Aniocha/Oshimili Federal Constituency.
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Okolie is seeking to overturn the judgment of the lower tribunal, which recognized Ndudi Elumelu, the Peoples Democratic Party’s (PDP’s) candidate, as the victor.
Chike Onyemenam (SAN), representing Okolie, filed a nine-ground appeal challenging the judgment rendered by the National Assembly/Legislative House Election Petition Tribunal led by Justice A. Z. Mussa.
Okolie is the appellant in the case, while Elumelu (PDP), Independent National Electoral Commission (INEC), and LP are the respondents.
On July 24, Justice Mussa nullified Okolie’s election as the representative for Aniocha/Oshimili Federal Constituency, asserting that LP had not validly nominated Okolie, who was not a member of the party as of May 28, 2022, when its primary election took place. Instead, the tribunal declared Ndudi as the winner.
Some of the reliefs sought by Okolie include:
- An order to set aside the tribunal’s judgment and dismiss the petition for its failure to establish a prima facie case.
- An order to reinstate the declaration and return of Okolie as the duly elected member of the House of Representatives for Aniocha/Oshimili Federal Constituency, based on the majority of lawful votes cast.
- An order to address the tribunal’s errors in considering the nomination form’s electronic upload as inadmissible evidence.
- An order to rectify the alleged miscarriage of justice caused by the tribunal’s decision that Okolie was not qualified to contest the election.
- An assertion that the judgment is against the weight of evidence.
The upcoming hearing aims to address these issues and determine the outcome of the appeal.
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