The Court of Appeal sitting in Benin City has thrown out the appeal filed by the Peoples Democratic Party candidate for Akoko-Edo Federal Constituency, Oladele Bankole-Balogun against the judgment of the tribunal.
Bankole-Balogun is challenging the election of Hon Peter Akpatason of the All Progressive Congress who was declared winner of the March 28, 2015 National Assembly election.
The lower tribunal led by Justice A.R.Ozoemena had struck out the petition against Akpatason for lack of merit.
It held that the PDP did not sign the petition which according to the Tribunal, was a negation of the Electoral Act.
The three-man appeal panel, led by Justice P.Ekpe, upheld the decision of the tribunal, pointing out that the issue bothers on section 4.1 Schedule of the Electoral Act.
It held that the non-signing of the petition pressumed that the first petitioner signed the entire petition which is not in agreement with the Electoral Act”.
Counsel to Akpatason, Ken Mozia (SAN) described the judgment as victory for the rule of law, nothing that “this judgment is going to be a reference point in all the Election Petition Tribunals. The issue of signing of petitions now are serious matters; it is no longer business as usual”.
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