Title: Court Upholds Election of Chief Philip Agbese in Benue State
In a significant ruling, the Court of Appeal sitting in Abuja has affirmed the election victory of Chief Philip Agbese from the All Progressives Congress (APC) as the representative for the Ado/Ogbadibo/Okpokwu Federal Constituency of Benue State. The three-member panel of justices, led by Justice Onyekachi Aja Otisi, unanimously dismissed the appeal filed by Aida Nath Ogwuche of the Peoples Democratic Party (PDP) for lacking merit.
The court’s decision is seen as a strong validation of Chief Philip Agbese’s election victory and further solidifies his position as the people’s chosen representative. This emphatic ruling serves as a testament to the democratic process and brings an end to a contentious legal battle.
Aida Nath and the PDP had initially filed a petition at the National and State Assembly Election Petition Tribunal for Benue State, challenging the declaration of Chief Philip Agbese. They alleged non-compliance with the provisions of the Electoral Act, 2022, and claimed unlawful exclusion from the election by the Independent National Electoral Commission (INEC).
However, the tribunal, in its unanimous judgment delivered on September 9th, 2023, dismissed the petition, deeming it grossly incompetent. Justice Emeka Ezedi, who presided over the tribunal, stated that unlawful exclusion is not a valid ground for questioning the outcome of an election under the existing Electoral Act.
Unsatisfied with the tribunal’s decision, Aida Nath and the PDP proceeded to appeal to the Court of Appeal. However, the higher court agreed with the tribunal’s findings, ruling that unlawful exclusion could only be an issue if the party logo or symbol was missing from the ballot paper. In this case, Aida Nath herself admitted during cross-examination that the PDP’s logo was present, and she even voted on election day.
According to the Court of Appeal, the Electoral Act of 2022 specifies that the ballot paper should feature party logos and symbols, not candidate names. Therefore, non-compliance with the Supreme Court’s order did not affect the PDP as their logo was clearly displayed on the ballot paper. The court also concurred with the tribunal’s assertion that this matter falls under pre-election jurisdiction and should have been taken to the Federal High Court rather than the tribunal.
The Court of Appeal’s decision further reinforces the integrity of the electoral process, highlighting the importance of compliance with legal procedures. It upholds the principle that election outcomes should not be disregarded based on technicalities or claims of unlawful exclusion that do not meet substantial legal requirements.
With Chief Philip Agbese’s election victory now fully affirmed, he can continue to serve the people of Ado/Ogbadibo/Okpokwu Federal Constituency with renewed confidence and dedication. The ruling represents a significant milestone in the democratic journey of Benue State and demonstrates the resilience and effectiveness of Nigeria’s judicial system.
This judgment also carries broader implications, emphasizing the need for all political parties and stakeholders to respect the rule of law and follow due process. It serves as a reminder that political disputes should be resolved through appropriate legal channels rather than engaging in protracted legal battles that can undermine public trust and democratic stability.
Overall, Chief Philip Agbese’s success in upholding his election victory provides a fitting conclusion to this legal saga, paving the way for renewed focus on the development and progress of Ado/Ogbadibo/Okpokwu Federal Constituency.
