In it’s ruling on Friday, August 18, at the National Judicial Institute, NJI Abuja, the tribunal said the date for judgement will be communicated to lawyers of all parties involved in the matter.
Recall that Odoh through his senior counsel, Jibrin S. Okutepa leading a team of 27 other lawyers filed a 104 paragraph final written address before the Governorship election petitions tribunal in July.
In the said address, Okutepa had prayed the tribunal to rely on Section 177 (c) of the 1999 Constitution of the Federal Republic of Nigeria (as amended).
According to the petitioner’s counsel who presented a sole issue for determination; whether the second Respondent, (Nwifuru) was qualified to contest the said election, it read;
“The summary of the Petitioners’ petition is that the 2nd Respondent who was until and after the election, a member of the Ebonyi State House of Assembly and also occupied the office of the Speaker of the said house under the platform of Peoples Democratic Party (PDP) was not qualified to contest the election to the seat of Governor of Ebonyi State conducted by the 1st Respondent on the 18th ofMarch2023,wherein the 2nd Respondent was wrongfully returned elected.”
It said, “In prove of the petition, an avalanche of documents, Exhibit P1-P9, duly certified as required by the provisions of the Evidence Act were tendered and
evidence was led by PW1 to prove the facts contained in the Petition. Exhibit
R6, was tendered through the 2nd Respondent’s witness also in proof of the Petition.
It is based on the above facts which became evidence in the course of
hearing that the petitioners at paragraph forty (40), pages 11-12 of their
petition sought for five reliefs chief amongst which was that the
1st Respondent should order for a fresh election excluding the 2nd Respondent pursuant to section 179 (3) and (4) of the Constitution of the
Federal Republic of Nigeria1999 as amended”
The address further highlighted the arguments of the petitioners that the second Respondent (Nwifuru) who was elected a member of the State’s House of Assembly under the platform of the PDP and thereafter appointed Speaker of the same House never resigned his position nor vacated his seat as required by the provisions of Section 177 of the 1999 Constitution of the Federal Republic of Nigeria as amended.
While stressing in it’s legal argument that the Respondents in their bid to oppose the Petitioner’s petition failed to present any
substantive and credible defense, the petitioners remarked that, “The vacuum left by their feeble defense calls for scrutiny and demands that this Hon.Tribunal examines the merits
of the Petitioners’ Petition and consequently grant the reliefs sought by the petitioners.”
The Petitioners further posited that, “Firstly, it is a settled position of law firmly rooted in the Constitution of the
Federal Republic of Nigeria, that a person aspiring to contest the election for
the office of Governor in a Nigerian State must fulfill the dual prerequisites of
political party membership and sponsorship. This provision is unequivocally captured in Section 177 (c) of the 1999 Constitution of the Federal Republic of Nigeria, where it is provided as follows; “A person shall be qualified for the
election to the office of Governor of a state if;(c)he is a member of a political
party and is sponsored by that political party”.
Still laying emphasis on the provisions of the cites Section 177 (c) of the 1999 Constitution as amended, the petitioners argued that, “This provision of law is well
established without any provison or exception.