Okorocha's, Uduaghan's victory upheld by the Supreme Court

Governor Rochas Okorocha of Imo state

There was great celebration in Owerri, Imo state capital city, and other nearby towns today (Friday) as the Supreme Court upheld the victory of Governor Rochas Okorocha of Imo state in the April 26, 2011 governorship elections.

In the same vein, the Supreme court also upheld the victory of Dr. Emmanuel Uduaghan of Delta state in the same governorship elections.

Okorocha of the All Progressive Grand Alliance (APGA) had clearly defeated the Peoples Democratic Party candidate, former Governor Ikedi Ohakim in the election.

In Delta State, the Democratic Peoples Party (DPP) candidate, Great Ogboru lost to Governor Emmanuel Uduaghan of the PDP in the January 6, 2011 re-run election.

The Governorship Election Petition Tribunal had dismissed the petition of Ogboru on the grounds that the petitioner failed to discharge the burden of proof placed on him.

In a unanimous judgment, Justice Sylvester Ngwuta struck out the appeal of the PDP against Okorocha for lack of merit.

He declared the judgment of the Court of Appeal which is the basis of the appeal a nullity because reasons for the judgment were given outside the 60 days allowed under Section 287 of the 1999 Constitution as amended.

Justice Tanko Mohammed gave the same reasons for upholding the election of Uduaghan.

He said the Appeal court was wrong for giving judgment and delaying its reasons beyond the 60 days stipulated in the Constitution.

He said: "It is important for courts to give reasons for judgment. It has no power to defer reason for judgment to a later date as judgment and reasons must be given at the same time.

"There is no valid judgment worthy of appeal. I declare that the judgment of the Court of Appeal given without reasons is null and void. It amounts to a nullity. I sustain the objection of the third Respondent, the appeal is accordingly struck out," he stated.

Having nullified the Appeal Court judgment, the apex court affirmed the subsisting judgments of the state governorship election tribunals which upheld the victory of the two governors.

still in need of some information? search this site:

LOVE THE ARTICLE ABOVE?
Receive Updates: subscribe to Imo Herald in a reader or sign up for Free Email Updates