The Supreme Court on Monday revalidated the victory of Anambra State governor, Willy Obiano, in the November 2013 governorship election.
The court dismissed the appeals brought before it against the election of Governor Obiano by the All Progressives Congress (APC) and its candidate, Chris Ngige and the Peoples Democratic Party (PDP) and its candidate, Tony Nwoye for lack of merits.
The court’s position was delivered in three separate judgements.
Delivering judgement in the appeal, Justice A.B Akaahs held that the grounds of appeal were just mere academic exercise.
He further held that going by Section 138 and 139 of Evidence Act, the onus lies on the party that alleges to show the commission of what was alleged adding that the appellant had refused to show the court the voters register was tampered with.
The court added that the party also refused to show how non compliance affected the overall result of the election.
The judge also held that the appellant did not show any evidence that the respondent (Obiano) had convicted by any court for multiple registration.
“The appellant did not address any issue relating to miscarriage of justice by the lower courts and hence the Supreme Court will not interfere with the concurrent findings of the two lower courts.
“The appeal lacks merit and it is hereby dismissed, Justice Akaahs stated.
Judgement in Nwoye’s appeal delivered by Justice Kayode Ariwoola, the apex court the appellant did not prove the allegation of multiple registration let alone convincing the court beyond reasonable doubt.
He further held that the appellant failed to show why the court should reverse the concurrent findings of the two lower courts.
In the governorship election conducted by the Independent National Electoral Commission (INEC) in November 2013 Willy Obiano of APGA emerged winner after scoring 180,178 votes.
In the said election, Tony Nwoye of PDP polled 97,700 votes while Chris Ngige of APC polled 95,963 votes.
Both Nwoye and Ngige were dissatisfied by the outcome of the election and consequently filed petitions against the election of Governor Obiano.
They asked the state Election Petition Tribunal to upturn the election of the governor but after listening to their petitions, the court turned down their requests.
They then headed for the Court of Appeal to challenge the decision of the tribunal but also had their requests turned down. Ngige, Nwoye and PDP had in different suits approached the apex court to upturn Obiano’s election.
The appellants had hinged their appeals on allegations that the voter register was tampered with by INEC and that Obiano ought to have been disqualified from participating in the election because he was engaged in multiple registration.
They however prayed the court to reverse the concurrent decision of the lower court, nullify the election and order for a fresh election.
