By Simon Ebegbulem

BENIN—THE Court of Appeal inBenin, has upheld the election of the Peoples Democratic Party, PDP, candidate in the April 14, 2007 House of Representative seat, for Ndokwa/Ukwuani Federal Constituency of Delta State, Mr Charles Onyekweli.

The court upheld  the judgment of the lower tribunal in Asaba, after it  dismissed the application by Action Congress, AC,  candidate in the election, Chief Terry Otuya, who also lost at the lower tribunal.

Justice Abubakar Gumel, who read the lead judgment said the their decision was predicated on the failure of the appellant to join the PDP as a “necessary and indispensable” party to the proceedings, since the appellant had in his petition, alleged that the PDP did not present a candidate for the election.

The petitioner had also alleged that agents and members of the PDP hijacked the electoral materials use for the conduct of the election. The court held “these allegations are weighty and having regards to the provisions of Paragraph 4  of the First Schedule to the Electoral Act 2006, and the Supreme Court decision on Amaechi Vs INEC, to the effect that it is the political party that sponsors candidates for election, therefore, the PDP is a necessary party to the suit.”  Upholding the election of Onyekweli, Justice Gumel, said “therefore, the failure by the appellant to join the PDP in the suit ‘is fatal.”

The court consequently struck out the petition and affirmed the ruling of the lower tribunal.