By Jude Opara

The matter on who represents Bende Northeast State Constituency in the Abia State House of Assembly is set to turn into a protracted battle between two men with similar surnames. The two men in dispute over the seat are the current Deputy Speaker, Ndukwe Cosmos Chukwu who flew the flag of the Peoples Democratic Party, PDP in the election and Mr. Chijoke Chukwu, who flew the flag of the Progressive Peoples Alliance, PPA in the election in the April 11, 2015 election.

Chijoke had upon the declaration of Cosmos as the winner of the election dragged the Independent National Electoral Commission (INEC) and Cosmos to the State House of Assembly Election Tribunal, praying the Tribunal to decide whether the election allegedly marred with irregularities, complied with the provisions of the Electoral Act 2010 (as amended).

The plaintiff further requested the tribunal to determine if indeed Cosmos was duly elected by majority of the lawful votes cast at the said election, and above all, prayed the tribunal to declare him winner alleging that Cosmos, the Deputy Speaker, was guilty of double registration, and so not qualified to vote and be voted for in the election.

In a unanimous judgment delivered by Hon Justice Bello Ladan Raha, the three-man panel ruled among others that Hon Chukwu, the petitioner, who contested on the platform of the Progressive Peoples Alliance (PPA), scored the highest number of valid votes.

But according to the brief signed by the Tribunal Chairman, Hon Justice S. Yahuza as well as members, Hon Justice G. A Ngele and Hon Justice Bello Ladan Raha, and made available to Vanguard, the Tribunal argued that though the Deputy Speaker was found guilty of double registration, it was however not within its ambit to establish whether the criminal offence was valid enough to disqualify him from contesting the election.

The petitioner, had told the Tribunal that the Deputy Speaker was at the time of the said election not qualified to contest, praying that; “the fact that he is a registered voter in Unit 005 Abia Poly Eziama ward Aba North and also in Unit 008 Elugwu Akanu in Item ward C, he should be disqualified in violation of Section 24(e) of the Electoral Act (as amended).” In its judgment, the tribunal had ruled: “Having considered the arguments and submissions of the learned counsels to the petition, we found that the petitioner did over sight the section of the Electoral Act in which he relies i.e Section 211(1) (e) and it reads: “Any person who by himself or any other person procures the registration of himself or any other person on a voter’s register for a state, knowing that he or that other person is not entitled to be registered on that voters register or is already registered on it or another voters register.

Though the tribunal also ordered a rerun in ten polling units, Chijoke who sought to be declared the outright winner was not satisfied.

Reacting to the judgment, he said that though it was not decided in his favour, it has provided him with enough legal instruments to institute legal proceedings against his rival.