September 21, 2023

Tribunal dismiss Edeoga’s petition, affirms Gov Mbah’s election

Just in: Court fines NYSC N5M for tagging Gov. Mba’s certificate fake

Gov Mbah

…also dismissed PRP’s petition

By Anayo Okoli/Chinedu Adonu

THE Enugu State Governorship Election Petition Tribunal has dismissed the petition of Chijioke Edeoga of Labour party and that of Chris Agu of the People’s Redemption party, PRP, and affirmed the election of Dr. Peter Mbah as the governor of Enugu State.

Both Edeoga and Agu challenged the declaration of Mbah by the Independent National Electoral Commission, INEC, as the winner of the March 18, 2023 governorship election in the state.

Chijioke Edeoga of the Labour Party and Chris Agu of PRP had alleged before the tribunal that Mbah was not qualified to contest the election because he present before INEC a forged National Youth Service Corps, NYSC certificate. Edeoga and Labour party also claimed that there were cases of over-voting in Udenu, Nkanu East and Enugu East local government areas, and therefore prayed the tribunal to nullify Mbah’s election and declare him winner.

But in its ruling yesterday, the 3-member Tribunal headed by Justice Kudirat Murayo Akano dismissed all allegations and affirmed Mbah’s election.

Ruling on the alleged NYSC certificate forgery, the tribunal said that NYSC certificate is a requirement for contesting for the office of the Governor of a state and that there is no where that the NYSC certificate was attached to the documents Mbah submitted to INEC to contest the election.

The tribunal, therefore discountenanced all the evidences by the DSS, NYSC official and others, saying they were not in compliance with paragraph 4, subsection 5D of the evidence act.

The tribunal also dismissed the allegation of over-voting and bypassing of BVAS.

On the issue of wrong computation of results of the Labour Party in Udenu Local Government Area, the tribunal declared that the petitioners failed to prove this allegation and that the witnesses they brought gave the same report for different polling units and wards and wondered why their testimonies are the same even from different locations.

The tribunal further said that the witnesses called by Labour Party were not duly accredited agents by INEC which it said made their testimony invalid.

The panel, however based on the witnesses from the right agents in 3 polling units, which it said were accredited agents, deducted 51 votes from PDP votes and added same to Labour Party but held that the deduction was not enough to overturn the election of Mbah.

Also, in Amagu polling unit in Nkanu East council, the tribunal cancelled the votes for all parties because the witness, PW10 proved that he was there and was the right person. But in the remaining 11 polling units, the tribunal maintained that the witnesses didn’t sign the result sheets and so their witnesses were discountenanced for inability to prove that they were party agents.

Having resolved all the issues at stake in favour of Peter Mbah, the tribunal declared that he was duly elected as governor by the majority of lawful and valid votes cast during the election.

In a swift reaction, Edeoga rejected the tribunal’s decision and declared that he would challenge it at the higher courts and called on his supporters and Labour party members in the state to remain calm.

In statement BY Edeoga/Nwokeabia Campagn Organization, said: “On Thursday, September 21, 2023, the Enugu State Governorship Election Petitions Tribunal delivered its judgment on the petition brought by the Labour Party and its candidate, Barr Chijioke Jonathan.

“Edeoga, following the outcome of the March 18, 2023, Governorship elections in the state, which was announced in favour of the candidate of the Peoples Democratic Party (PDP), Barr. Peter Mbah.

“We wish to convey the acknowledgment by the Labour Party and its candidate, Chijioke Edeoga, of the judgment as delivered at the tribunal, and to state our preparedness to challenge the outcome of this judgement at the Court of Appeal and to all extents as permitted by law.

“To this end, we urge our supporters across the state and in other parts of the country to remain calm, law-abiding, and to go about their businesses without fear or hindrance.

“We retain a firm belief in the justice, and will go the full extent legally possible in ensuring that the hopes of Enugu people who turned out in their numbers to vote for Labour Party candidates on March 18, 2023 are realized”. It was signed by Engr. George Ugwu, the spokesman for the Campaign Organization.

 Also reacting to the tribunal’s ruling, Enugu state chairman of Labour Party, Barr. Casmir Agbo rejected the judgment, saying that the three man panel failed to treat the issue of forgery by Peter Mbah and expressed the desire of the party to challenge the decision at higher courts.

“Tribunal in his wisdom today failed to present the fact and law, when they said in the first, place that Barr. Peter Mbah who attached forged certificate is qualified to contest the election. They said it is not a requirement to contest the election.

“Instead of the tribunal to determine whether the certificate was forged but only ruled on the subpoena of NYSC head of certificate did not meet the requirement specifications of time to upload his written statement.

“We are asking the tribunal if a witness must bring his written statement before the date of court, the answer is no. They are following the footstep of Appeal court on Peter Obi and they are in Supreme Court and we are going over to appeal court”.