The Court of Appeal has remitted to the Federal High Court, Abuja, the suit by Chief Martins Agbaso against the victory of Governor Ikedi Ohakim of Imo in the  2007 election.

Agbaso was the candidate of All Progressive Grand Alliance (APGA) in the election and had gone to the court to demand that he be declared the winner of the poll.

Delivering the judgment on Wednesday, Justice Ayobode Lokolo-Sodipe said that the panel was not disposed to invoke section 15 of the Court of Appeal Act to assume the status of a court of first instance, as requested by the appellant. 

The Judge said although the appeal was relevant, "we are convinced that the matter will be better handled at the lower court.
“Once a declaration is made at that level, any party that is not satisfied can now come to the Court of Appeal for review.

“The judicial review of the decision of the Election Tribunal canvassed for by the appellant is best done at a lower court,’’ Lokolo-Sodipe declared.

 Agbaso had filed a suit at the Court of Appeal praying for an order of ``Mandamus’’ to compel INEC to stand on the results of the April 14 gubernatorial election.

He claimed that the Commission unlawfully cancelled the results of the election in which he allegedly won in 24 of the 27 local government areas of the state.

Agbaso said Independent National Electoral Commission (INEC) declared the results of the State Assembly polls, which held at the same time with the governorship election. 

He urged the court to order INEC to retrieve the Certificate of Return it issued Ohakim and give it to him as the lawful winner of the governorship election. 

Chief Paul Nwakama (SAN), counsel to Ohakim, argued that section 285(2) of the 1999 Constitution bars the court from granting the relief sought by appellant.

“It is only the Electoral Tribunal that has been empowered by that section of the constitution that can do what the appellant is asking for”.

“The appellant, arguing from the point of law, has been stripped of the right to ask for results from the April 14 election, when he participated in the fresh election conducted by INEC on April 21, which gave my client victory,’’ Nwakama said.

Mr. Adetunji Oyeyipo (SAN), counsel to INEC, opposed the submission of the appellant, saying that the April 14 election was cancelled owing to controversy arising from its conduct.

“The appellant having been convinced with reasons adduced by the Commission for the cancellation, participated in the fresh election conducted on April 21, Oyeyipo observed.

Chief Fagbemi Lateef (SAN), counsel to Senator Ifeanyi Ararume, the PDP candidate in the contest, said that the appellant’s prayers should not be granted, saying “the entire process was fraudulent’’.

 

 

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