Tribunal Upholds Nwachukwu’s Election As Anambra South Senator
The National And State Houses Of Assembly Election Petition Tribunal sitting in Awka has dismissed all petitions against the election of Sen. Emma Nwachukwu of the All Progressives Grand Alliance (APGA).
Recall that the Independent National Electoral Commission (INEC) conducted by-elections for Anambra South Senatorial District on Aug. 16.
Members of the EPT panel were their Lordships Justice T. O. Uloho, Chairman, Justice Omaka Elekwa, member I and Justice A. H. Gegele Member II.
Dismissing petition EPT/AN/SEN/05/2025 between Social Democratic Party (SDP), the petitioner vs INEC, APGA and Nwachukwu, the tribunal held that the petitioner was not able to prove his case substantially.
The judgement delivered by Justice Gegele held that the adopted written depositions of the petitioner’s witnesses were based on what they were told by their party agents.
The tribunal held that the petitioner could not prove its case as it could not tender any document in evidence through the witnesses or the Bar.
On the allegation that the scores of the Petitioner were omitted in the seven Local Government Areas, the petitioner’s witnesses testified to Aguata but none for Ekwusigo, Orumba North, Orumba South and Nnewi North
Citing Supreme Court decision in Adebutu v INEC (2024) 9 NWLR (Pt. 1942) Pg 1 at P. 35, the tribunal held that pleading did not constitute evidence and matters pleaded without evidence were deemed abandoned.
The Tribunal said having thoroughly considered pleadings and evidence before it, it was of the view that the Petitioner had not proved the allegations in the petition to be entitled to the reliefs sought.
“The Sole Issue is resolved in favour of the Respondents and against the Petitioner.
“Consequently, the Petition is dismissed.
“The declaration and return of the 3rd Respondent as the winner of the Anambra South Senatorial bye-election is hereby affirmed.
“A cost in the sum of N1 5 million is awarded to each of the Respondents,” it said.
The SDP had argued in the petition that the election was invalid on the grounds of non-compliance with the Provision of the Electoral Act, 2022 and for corrupt practices.
The party prayed the tribunal to order the nullifying of the entire Anambra South Senatorial District by-election of Aug.16 and set aside the Certificate of Return issued to Nwachukwu as invalid, null, void and of no effect.
