By  Tony EDIKE, Enugu
THE Court of Appeal sitting in Enugu, yesterday, annulled the election of Senator Julius Ucha representing Ebonyi Central zone and declared Dr. Emmanuel Onwe as the validly nominated candidate of the Peoples Democratic Party in the 2007 Senatorial election for the zone.

The court also annulled yesterday the election of the member representing Nnewi South II Constituency in the Anambra State House of Assembly, Hon. Ikenna Amaechi, and upheld  the appeal of Barr. Egwuoyibo Okoye as the duly nominated PDP candidate for the House of Assembly election.

In the lead judgment,  Justice A.O Lokulo Sodipe declared that the substitution of the appellants as candidates for the Senatorial and House of Assembly elections by the PDP was wrongfully done and that there was no way somebody who was not part of an election could have won the same election.

The judgment declared the certificate of return issued to both Senator Ucha and Ikenna Amaechi as a nullity and urged INEC to withdraw same and ensure the immediate swearing-in of the duly nominated candidates of the PDP.

The court declared as invalid the party substitution which made Ucha and Okoye PDP candidates for the elections describing the duo as “meddlesome interlopers” who shouldn’t have participated in the said elections.

It held that INEC erred in issuing the certificate of return to the duo, because they did not contest the election, maintaining that the appellants are deemed to have contested the election like in Amaechi v Omehia.

The court also held that the PDP in both cases failed to give substantial evidence to support the substitution of the appellants at the Election Tribunal at Abakaliki and Awka respectively.

Citing the provisions of Section 145 (a) of the Electoral Act to underscore the verdict, the appellate  court said it allowed the appeal for wrongful substitution and declared that the 3rd and 4th respondents (INEC) should issue the appellants with certificates of return.

The court queried why Dr. Onwe should request for a mere nullification when he was the candidate for the election and ordered that he be sworn-in immediately.

Both Onwe and Okoye had gone to the tribunal to contest INEC announcements declaring Senator Ucha and Hon Amaechi as the winners of the election instead of themselves who were the duly nominated candidates of the PDP for both elections.

The appellants claimed that they were duly nominated and actually stood for the election as candidates of the PDP but were surprised that their names were not the ones announced when INEC issued its results.

Reacting to the judgment Senator Julius Ucha who is also the Chairman Senate Committee on Works, said; “when Appeal Tribunal decides on a matter in Nigeria, you can only appeal to God. The judgment offers me a better opportunity of keeping my peace and serving God more diligently.”

Also reacting counsel to INEC Ofodile Okafor (SAN) said that the judgment will go a long way in enthroning party democracy in the country.

“It has shown the political parties the need to abide by the rules; substitution must be done in accordance with provisions of the law.”