The Court of Appeal sitting in Enugu Wednesday ordered a fresh trial of the petition filed by the former minister of Information, Professor Dora Akunyili against the election of Chris Ngige as senator representing Anambra Central senatorial district.
Ruling on the appeal filed by Professor Akunyili, Justice Bode Lokulo-Sodipe said that the lower tribunal at Awka was wrong in its decision in favour of Ngige.
He said that the decision of the tribunal to strike out the case based on interlocutory applications, especially based on non-filing of form TF 008 was not in the interest of justice.
The appellate court ruled that Akunyili’s appeal had merit ordering that the matter should be returned to the election tribunal for retrial to determine the actual winner of the April 2011 senatorial poll in Anambra Central.
The Anambra State election petition tribunal had struck out the petition of the former Information minister in which she alleged irregularities in the repeat senatorial election held in the area in April this year.
Akunyili had gone to the tribunal shortly after the controversial election to challenge the results declared by the Independent National Electoral Commission (INEC), arguing that she won the senatorial seat and not Ngige of the Action Congress of Nigeria, who was declared winner by INEC.
But the chairman of the lower tribunal, Justice Onajite Kuejibola struck out the case for non-filing of form TF 008 and alleged forgery of same document when the issue was raised by the respondent.
Following the ruling, Akunyili in conjunction with the All progressives Grand Alliance, headed to the Court of Appeal which yesterday upturned the earlier decision of the tribunal.
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