From Steve Oko, Umuahia
The Court of Appeal sitting in Owerri, Thursday, upheld the election of Senator Orji Uzor Kalu of Abia North senatorial district.
Kalu had gone to the appellant court to challenge the judgement of the Election Petitions Tribunal which invalidated his victory on the grounds of non compliance with the principles of margin of lead.
The former governor had sought that the judgement of the tribunal be set aside on seven grounds .
The Court of Appeal held that the lower tribunal erred in law by granting the prayers not solicited by the petitioner.
According to the tribunal, it was an error for the tribunal to order for supplementary in polling units not pleaded for by the petitioner.
The tribunal chairman who read the judgement on behalf of two other members who were absent in court said the judgement was unanimous.
It further held that the declaration of the tribunal that Kalu was not returned by the majority of lawful voters was an erroneous and an academic exercise.
The tribunal therefore set aside the judgement of the tribunal and validated the election of Kalu as the lawfully returned senator representing Abia North.
Recall that the Independent National Electoral Commission, INEC had earlier withdrawn from the matter.
Reacting to the judgement, Ohuabunwa’s lawyer, Mike Onyeka said he had no choice that to accept the judgement since the court was the final bus stop in the matter.
” Sometimes you win, sometimes you lose. That we lost does not mean that we agree with the judgment but this is the final bus stop.
” If there were more opportunities we would have further sought redress. But whenever anything goes wrong with the law verybody is a victim”.