By Tony Edike
ENUGU – THE Court of Appeal sitting in Enugu Wednesday ordered fresh trial of the petition filed by the former minister of Information, Professor Dora Akunyili against the election of Dr Chris Ngige as Senator representing Anambra Central Senatorial District.

Ruling on the appeal filed by Professor Akunyili, Justice Bode Lokulo-Sodipe said that the lower tribunal at Awka was wrong in its decision in favour of Ngige.

Akunyili and Ngige

He said that the decision of the tribunal to strike out the case based on inter-locutory applications especially based on none filing of form TF 008  was not in the interest of justice.

The appellate court ruled that Akunyili’s appeal had merit ordering that  the matter should be returned to the election tribunal for retrial to determine the actual winner of the April 2011 Senatorial poll in Anambra Central.

The Anambra State Election Petition Tribunal had struck out the petition of the former Information  Minister in which she alleged irregularities in the repeat senatorial election held in the area in April this year.

Akunyili had gone to the tribunal shortly after the controversial election to challenge the results declared by the Independent National Electoral Commission, INEC arguing that she won the senatorial seat and not Dr Ngige of the Action Congress of Nigeria, ACN who was declared winner by the Independent National Electoral Commission, INEC.

But the chairman of the lower tribunal, Justice Onajite Kuejibola struck out the case for none filing of form TF 008 and alleged forgery of same document when the issue was raised by the respondent.

Following the ruling Akunyili in conjunction with the All progressives Grand Alliance, APGA headed to the Court of Appeal which yesterday upturned the earlier decision of the tribunal.