Anambra State Election Tribunal Rules in Favour of LP’s Hon. Mbachu
Tochukwu Ifejika, Awka.
The Election Petition Tribunal sitting in Awka, the Anambra State capital, has delivered a landmark judgement in favour of Hon. Henry Nigeria Mbachu of the Labour Party (LP) and member representing Awka South 1 Constituency in the House of Assembly for lack of jurisdiction.
The tribunal struck out the petition which was filed by the All Progressives Grand Alliance (APGA) candidate for Awka South 1 Constituency, Chief Igwedinma Nwofor, seeking the disqualification of the candidacy of Hon. Mbachu.
The petitioner had alleged that Hon. Mbachu had not been duely nominated by his party, and hence was not qualified to contest for the Governorship/State Houses of Assembly Elections of 18th March 2023.
The three-man panel judges: Hon. Justice L.O Ogundana (chairman), Hon. Justice Usman S. Sakwa (member 1), Hon. Justice A.T Changbo (member 2) in the judgment unanimously stated that the petitioner, Igwedinma Nwofor, had no jurisdiction to approach the Tribunal and ask for the nullification of the candidacy of Hon. Mbachu, as it is first, solely a pre-election matter, and secondly, an intra-party affair.
The court, therefore, on these grounds struck out the petitions for lack of merit.
“This is mere academic exercise and a waste of time of the court and lacks the jurisdiction to entertain same, as such matter be filed at the Federal High Court and be done by the LP aspirant, and not APGA.
“For lack of jurisdiction and the locus standi, all the prayers were dead on arrival and waste of time of the hallowed chamber,” it stated.
While reacting to the outcome of the judgment, a senior counsel to Hon. Mbachu’s legal team, Barr. Nnamdi Anagor, noted that the judgment at court today was clearly defined and should be upheld.
“The judgment today was expected because of the lack of eligiblity on the the part of the petitioners.
“The court held that the petitioners had no locus standi to contest the candidacy of the 1st respondent on the grounds that firstly, the 1st petitioner is not a member of the Labour Party and equally was not an aspirant during the primaries of the party that produced the 1st respondent as their candidate. Secondly, the Election Petition Tribunal is saddled only with post-election matters, not pre-election matters, as enshrined in S.284(2)(14) of our constitution as amended.
“And consequent upon these premises, the petitioner’s 2nd prayer to declare him, who came second as winner, was struck out by the Tribunal, which borders on jurisdiction” he stated.
Hon. Henry Mbachu, while speaking to correspondents, first of all gave God the glory, thanked the electorates for the mandate given to him, and equally his lead counsel team for the victory at the Tribunal.
“I thank God for today’s victory, and this reaffirms the Judiciary as the last hope for the common man. I profusely thank my lead counsel team for their ingenuity at work, and most especially for doing this Pro Bono.
“I call on everyone in Awka South 1 Constituency to come on board for the task ahead. I sincerely call on the petitioner to see this victory as a win for us all. I win, he wins; he wins, I win.
“In the spirit of sportsmanship, I enjoin him to sheath his sword and board the ship for a greater Awka South 1 Constituency,” he implored.
