The Court of Appeal Abuja Division, on Thursday reinstated Hon. Ngozi Okolie of the Labour Party (LP) as the authentic winner of the February 25, election for Aniocha/Oshimili Federal Constituency of Delta State.
Mr Okolie was declared winner of the February 25, House of Representatives election in the federal constituency by the Independent National Electoral Commission, which Elumelu challenged at the tribunal.
The National and State Houses of Assembly Election Tribunal in Asaba, on July 24, declared Ndudi Elumelu of the Peoples Democratic Party (PDP) as winner of the said election.
Elumelu was the immediate past Minority Leader of the House of Representatives.
However, the Court of Appeal in two judgments on Thursday, declared that the appeal filed by Okolie, challenging his removal by the tribunal was meritorious and competent.
Consequently, the panel set aside judgment of the election petitions tribunal which nullified Okolie’s election.
The Appeal Court panel in a judgement by Justice M. L Shuaibu agreed with lawyer to the Labour Party, Mahmud Magaji (SAN) that contrary to the finding of the tribunal, Okolie was duly nominated and sponsored by his party and that he resigned his appointment as a Senior Special Assistant (SSA) to Delta State Government as required by the Constitution.
Elumelu had in the petition no EPT/DL/HR/06/2023, argued that Okolie was not properly sponsored by the Labour Party and that he did not resign his position as a public office holder.
The three-member tribunal panel headed by Justice A.Z. Mussa, in it’s ruling, disqualified Okolie and declared the runners-up in the election, Ndudi Elumelu as the winner of the election.
The tribunal held that Okolie was not duly sponsored by the Labour Party and that he was not a member of the party as of May 28, 2022, when the primary was purportedly held.
It also resolved in favour of the petitioners that the second respondent, (Okolie) did not resign from public office to contest the elections.
