The Supreme Court on Wednesday reserved judgment on the appeals by the People Democratic Party (PDP) and the All Progressives Congress (APC) against the victory of Alex Otti of the Labour Party (LP) as governor of Abia state.
The five-man panel of justices led by Justice John Okoro reserved the ruling after parties adopted their processes in an appeal brought by the candidate of the Peoples Democratic Party(, PDP), in the March 18 governorship election in Abia State.
In the appeal, Okey Ahiwe who came second with 88, 529 votes is asking the apex court to sack Governor Alex Otti of the Labour Party with 175,460 votes.
Ahiwe and his party, PDP, in their prayers are asking the Supreme Court to overrule the judgment of the appeal court, which had upheld Otti’s election, and also to declare Ahiwe the Governor.
Responding to PDP submission before the apex court panel on Wednesday, Counsel to Labour Party, Abiodun Owonikoko (SAN) said that Obingwa magic which PDP had relied in the past in robbing opponent election victory in the state had failed them. He said that if votes from Obingwa is added to PDP votes the party would still not win the majority of votes casted at the election.
He urged the apex court to dismiss PDP appeal.
Also reserved for judgement is the appeal filed by All Progressive Congress APC and its governorship candidate Chief Ikechi Emenike who polled 40,000 votes.
Arguing the appeal on Wednesday former Attorney General of the Federation Malami Abubakar (SAN) who appeared for appellant APC said It is not about the votes involved that matters
But “the constitutionality in the membership and sponsorship of the candidates make the appeal a noble one to be looked at. This backed by Section 177 of the constitution.”
He said “the two lowers court did not adduce sufficient evidence to the effect that the candidates were not duly sponsored even where evidence were produced but were improperly expunged by the trial court.”
What was the reason? The trial court said it was an Internal affairs of the party. It is not, It is a constitutional issue, Malami insisted.
The Presiding Justice John Okoro said if Malami was not SAN “this appeal is like somebody looking for something.”
Malami insisted that where nomination and sponsorship is an issue in any matter it can’t be said that it is an internal affairs of the party according to section 177 (c) and the court has jurisdiction on it.. The idea of the internal affairs of the party does not arise.
He said that other governorship candidates at the election were not qualified to have contest the election.
But INEC lawyer Nasiru Tijani first respondent asked the Supreme Court to dismiss the appeal with substantial court. The second, third and , fourth and fifth respondents lawyers Tobechukwu K., Omosanya Popoola and Udochi Ikenacho respectively asked the court to dismiss the appeal.