Toba Owojaiye Reporting
Lagos, Nigeria
In a startling turn of events, the Lagos Appeal Court has overturned the Election Tribunal’s decision regarding the Udenu/Igboeze-North federal constituency election held on February 18, 2023. Furthermore, the court has disqualified Labor party candidate Hon. Denis Agbo, initially declared the election winner. This verdict was delivered on Friday, November 3, 2023, by a panel of three judges led by Justice A. O.
Initially, the National Assembly Election Petitions Tribunal in Enugu had upheld Dennis Agbo’s election as the duly elected representative for the Igbo-eze North/Udenu Federal Constituency in Enugu State. Dr. Ajih, of the All Progressives Congress (APC), had contested this, citing irregularities, corruption, non-compliance with electoral law (specifically, the omission of her party from Form EC8a), and Agbo’s alleged non-membership in the Labor Party during the election.
Justice Legor T. Senewo presided over the tribunal and ruled that the petitioner failed to substantiate these alleged irregularities. On the matter of Agbo’s party membership, the tribunal stated it lacked the jurisdiction to address issues related to membership, substitution, nomination, and sponsorship of a candidate, as these were pre-election matters.
However, the situation changed at the Court of Appeal. Here, the court’s decision resulted from a petition filed by Dr. Oby Ajih, the APC candidate, who challenged the election’s outcome on the grounds of irregularities and electoral malpractice. The court concurred with the petitioner’s arguments, deeming the election riddled with irregularities that significantly impacted the results.
Consequently, the court ordered a fresh election to take place within 90 days in the constituency, along with an instruction to the Independent National Electoral Commission (INEC) to remove Hon. Denis Agbo, the disqualified Labor Party candidate, from its records.
In response to the court’s ruling, APC candidate Dr. Oby Ajih expressed satisfaction and commended the judges for upholding the rule of law and ensuring justice prevailed.
The election’s nullification and the disqualification of the Labor party candidate have cast a veil of uncertainty over the Udenu/Igboeze-North federal constituency. As political parties and candidates prepare for a new election, the constituency stands on the precipice of change in its political landscape.