THE Court of Appeal earlier today set aside the judgment of the National and State Houses of Assembly Election Tribunal in Asaba which declared Ndudi Elumelu, candidate of the Peoples Democratic Party (PDP) in the 2023 election for Aniocha/Oshimili Federal Constituency, Delta State and declared Ngozi Okolie, candidate of the Labour Party (LP), as the duly elected lawmaker.
The tribunal had earlier declared Ndudi Elumelu the winner of the poll conducted on 25th February 2023.
Kenneth Ibe, the Returning Officer of the Independent National Electoral Commission (INEC), had announced that Okolie polled 53,879 votes to defeat Elumelu, who got 33,456 votes.
However, Elumelu filed a petition before the tribunal on the grounds that Okolie was not duly sponsored by the LP since he was not a member of the party as of 28 May 2022, when the party’s primary election was held.
The three-member panel of the tribunal, headed by A.Z. Mussa, in its judgment, agreed with Elumelu and disqualified the LP candidate.
But the Court of Appeal faulted the tribunal for voiding Okolie’s election.
The appellate court agreed with Mahmud Magaji, counsel to LP, that contrary to the findings of the tribunal, Okolie was duly nominated and sponsored by his party.
The appellate court also stated that Okolie resigned his appointment as a Senior Special Assistant (SSA) in the Delta State Government, as required by the Constitution, before the election.
Eighteen-Eleven Media