By Fatima Saka
The leadership of the Aida Nath Campaign Organisation has accepted the outcome of judgment of the Court of Appeal declaring Hon. Philip Agbese of the All Progressives Congress (APC), as the Member representing Ado/Ogbadibo/Okpokwu Federal Constituency of Benue State.
The organization wishes to appreciate the Almighty God for seeing the team and its principal, Rt. Hon. Barr. Aida Nath Ogwuche through the electioneering and litigation process that has today come to an end.
The Court of Appeal, in Abuja, on Friday affirmed the election of the House of Representatives Deputy Spokenperson.
ANCO said: As much as we have reservations about the premise of the Appeal Court decision today, we are bold to respect and accept the same in utmost good faith.
“With the outcome of the judgment, we seize this opportunity to congratulate Mr. Philip Agbese as Member of the House of Representatives for Ado//Okpokwu/Ogbadibo Federal Constituency.
“We implore him to live up the expectations of our people and to justify the mandate entrusted into his hands. We had confidence in the merit of our case, and it was trite that we satisfy our conscience by exploring the courts.
“Today we appreciate God Almighty for the journey so far. We are inspired by the uncommon strength and the charisma exhibited by our principal, the Rt. Hon. Barr. Aida Nath Ogwuche. She has proven herself worthy of our support and we pray to the good Lord to continue to enlarge her coast and inspire her to greater exploits. We know her firm resolve to avail the people’s quality leadership will not be short-lived by this setback.
“Our gratitude goes to our leaders, especially Sen. Comr. Abba Moro, the great people of Enone, the leadership and members of the Aida Nath Campaign Organisation (ANCO), the People’s Democratic Party (PDP) and our teeming supporters who have stood the test of time for the sake of this course. Your efforts and courage will always be a scratch on our conscience. Be firm and anticipate further communication from us soon.
“We appreciate each and everyone who stood by us in the course of this struggle and we assure you that we do not take your support for granted. May God bless you all and meet you at your various points of need.
In a unanimous decision, the three-member panel of Justices led by Justice Onyekachi Aja Otisi, dismissed the appeal filed by Aida Nath Ogwuche of the Peoples Democratic Party (PDP), for “lacking in merit”.
The Court also awarded cost N300, 000 against the appellants to be paid to each of the respondents.
It would be recalled that, Ms. Ogwuche and the PDP filed a petition at the National and State Assembly Election Petition Tribunal for Benue State, challenging the declaration of Agbese on the grounds of non-compliance with the provisions of the Electoral Act, 2022.
She alleged that, she was unlawfully excluded from the election by the Independent National Electoral Commission (INEC), which failed to comply with the judgement of the Supreme Court that confirmed her as the PDP candidate and not Francis Ottah Agbo.
In a unanimous judgment delivered on September 9, 2023, the tribunal in judgment delivered by Justice Emeka Ezedi dismissed the petition for being “grossly incompetent”.
He held that unlawful exclusion is not a ground for questioning the outcome of an election under the extant Electoral Act.
Dissatisfied with the judgment, Ogwuche and the PDP approached the Court of Appeal.
In its judgment, the Court of Appeal agreed with the tribunal that unlawful exclusion is no longer “a ground for challenging an election”.
It held that even the unlawful exclusion complained of could only be an issue where the logo or symbol of a political party is missing from the ballot paper.
It noted that Ms. Ogwuche, under cross examination, admitted that the logo of the PDP was on the ballot paper and she even voted on election day.
The appellate court held that by virtue of Section 42(1) of the Electoral Act 2022, names of candidates are not included on the ballot paper, but party logo and symbol.
It held that non-compliance with the order of Supreme Court did not affect the PDP, as the party’s logo was on the ballot paper.
It also agreed with the tribunal that the matter is a pre-election matter which the appellants would have approached the Federal High Court and not the tribunal.
The Appellant Court therefore dismissed the appeal, for lacking in merit.
