CASE CLOSED: LP Loses As Appeal Court Affirms Election Of APC Rep For FCT Constituency

The Court of Appeal sitting in Abuja, Friday, dismissed the application filed by Ohiomero Amaka Joy and the Labour Party against the election of Ajiya Abdulrahaman of the All Progressives Congress (APC), as the House of Representatives member representing Abaji/Kwali/Kuje/Gwagwalada Federal Constituency, FCT.

The appellants sued the Independent National Electoral Commission (INEC), APC and Abdulrahaman before the appellate court, seeking an order setting aside the judgment of the election tribunal which affirmed the APC member’s election.

The appellant’s lawyer, Charles L. Obehi-Abel, had filed a petition before the tribunal on 18th March, against the respondents, asking the court to determine whether Abdulrahaman was duly elected in accordance with the Electoral Act, 2022, in view of the alleged disenfranchisement of 42,000 eligible voters and cancellation of results in the polling units in Gwagwalada and Kuje Area Councils.

The lawyer then prayed the judges of the tribunal for an order invalidating and setting aside the declaration of and return of Abdulrahaman as winner of the said election and ordering INEC to conduct a re-run or fresh elections at all the polling units under challenge.

At the close of hearing at the time, the Tribunal in its judgment, dismissed the petitioner’s petition for lacking in merit with a cost of ₦200,000 each to be paid to the APC and Abdulrahaman.

Dissatisfied with the decision, the Appellants filed and served a Notice of Appeal, dated 12th September, 2023, asking the appellate court to set aside the lower court’s decision.

But the respondents urged the appeal court to throw out the LP candidate’s case.

Reading the judgment, the three-man panel of the appeal court presided over by Justice A. Barka held that the court below was right to uphold the preliminary objection of the respondent.

The court further held that the law does not permit a party or litigant to “lump together” the grounds of their petition.

The court held that the appellants should have properly put out what they contend in line with rules of court and relevant laws.

“This appeal fails, and is lacking in merit, and is hereby dismissed.

“I award the sum of 500,000 as cost,” the Appeal Court held.

THE WHISTLER reports that the Court of Appeal is the final court when it comes to National and State Assembly election matters.