Senator Kalu defeats Mao at Appeal Court, Petitioner slapped with fine

VAM News November 9, 2023 in Politics Tagged Appeal Court, MAO, PDP, Petitioner, Senator Kalu - 3 Minutes

Days after defeating the candidate of the Labour Party candidate, Nnamdi Iro at the appeal court, Senator representing Abia-North zone, Senator Orji Uzor Kalu again on Thursday defeated the Peoples Democratic Party’s, Mao Ohuabunwa at the appellate court in the case challenging the former Abia Governor’s victory in the February 25th polls.

According to the Court of Appeal, Lagos Division presided by Justice Abiri JCA the appellants ( Mao Ohuabunwa) woefully failed to prove disenfranchisement while the respondents proved that elections held in all polling units and tendered from EC40G to explain why there was no voting in the affected polling units.

“The appellants did not plead the total number of persons who collected their voter cards. Appeal dismissed with costs, Justice Abiri’s judgment read.

While delivering judgment on Thursday the panel of judges reaffirmed the victory of Senator Kalu of the All Progressives Congress APC, the court also held that a sum is awarded as a cost against the PDP’s candidate Mao Ohuabunwa.

Recall that in 2019 Senator Kalu retired Mao Ohuabunwa from the Senate after defeating him at the polls, the PDP candidate also lost at the court when he attempted to overturn Senator Kalu’s victory.

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Justice Abiri upheld the judgment of the National Assembly Petitions Tribunal, Umuahia which earlier dismissed the petition of People’s Democratic Party’s Mao Ohuabunwa and Labour Party’s Nnamdi Iro Orji for lacking merit.

The court while upholding the victory of Kalu of the 9th Senate Chief Whip said that the election of the former Abia Governor complied with the provisions of the Electoral Act. The appeal court judges also faulted the arguments of both petitioners that the election was not held in over 120 polling units mainly in the Ohafia and Arochukwu Local Government Areas of the zone.

The court also set aside the prayers of Mao Ohuabunwa to disqualify Senator Kalu for having allegedly admitted before the Federal High Court that he was convicted of fraud.

Recall that Senator Kalu had on Monday defeated the Labour Party’s Nnamdi Iro at the appeal court. Iro had pleaded with the court to nullify Kalu’s victory because the Senator admitted to having been convicted.

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However, The panel in its ruling held that there is no valid conviction of Sen Orji Uzor Kalu under section 66 of the Nigerian constitution as the said conviction had been nullified.

Further dismissing the appeals of Iro the panel also ruled that the appellants of LP failed to prove their allegations of elections not being held in some polling units.

The court in its constitutional interpretation also validated Kalu’s eligibility to contest the election stating that his trial and conviction were quashed by the Supreme Court. Three other grounds of the LP candidate were dismissed in Kalu’s favor.

Kalu, a Chieftain of the APC was declared winner by the INEC returning Officer for Abia North, Mr Chinedu Nnamdi at Ohafia.

Kalu a two-time lawmaker who currently presides as the Chairman Senate Committee on Privatisation and Commercialisation was declared the winner by INEC of the keenly contested February 25 Senatorial polls having scored 30,805 votes to defeat Nnamdi who got 27,540 votes.

While the Abia Senator’s other opponent Mao Ohuabunwa scored 15,175 votes to place third.