The Appeal Court sitting in Owerri on Thurday affirmed the election of Senator Orji Kalu, representing Abia North Senatorial District.
In a unanimous decision, the appellate court held that the lower tribunal, which upturned Kalu’s election, erred on several counts.
Delivering the judgement, the Presiding Judge, Justice R. A. Adah, said that the grounds upon which the lower tribunal predicated its verdict were not tenable in law.
He said that the lower tribunal granting the petitioner’s reliefs, which he did not ask for, was unacceptable in law.
Addressing newsmen at the end of the judgement, Counsel for Kalu, Mr Perfect Okorie, said that “the relief the petitioner, Senator Mao Ohuabunwa, asked for was for the nullification of the election in Bende and Isiukwuato.”
Okorie said that the lower tribunal, while embarking on its own expedition, “granted strange reliefs and nullified elections in some polling units in Ohafia and Arochukwu.”
The appellate court further said that Ohuabunwa literally dumped his avalanche of documents on the lower tribunal without calling witnesses to tie the document to his case.
It said that the lower tribunal erred by allowing the dumping of documents on the tribunal.
It maintained that in law, the petitioner must establish proof by bringing witnesses, who would tie the documents to the substance of the case.
Meanwhile, Mr Maduka Okoro, the Media Aide to Kalu, who is the Senate Chief Whip, has described the judgement of the Appeal Court as “victory for democracy and the people of Abia in general.”
Okoro said in Umuahia that the judgement was greeted by wide celebration in all parts of Abia, where Kalu was governor from 1999 to 2007.
He said: “the verdict sparked off jubilation in Igbere, Kalu’s community in Bende Local Government Area, the entire Abia north, including Mao’s Arochukwu and Abia generally.
“It is instructive to note that as former governor, Kalu made positive impact in the lives of the people and every community in Abia”.
Meanwhile, the former Governor has re-assured Nigerians of his unwavering and determined efforts in advancing the cause of the people.
According to Kalu, the decision of the Appellate Court has laid to rest rumours about his landslide victory in the election.
While admonishing Ohuabunwa and other politicians in Abia State to join hands with him in driving development across the state, the Senate Chief Whip cautioned his supporters, associates and party faithful to be wary of their utterances and actions, adding that all hands must be on deck to work collectively for the betterment of Abia North Senatorial District and Abia State at large.
Kalu expressed appreciation to the incorruptible members of the Appellate panel led by Justice Stephen Adah for maintaining their integrity for the sake of Nigeria’s nascent democracy, noting that the rule of law must be upheld and respected at all times.
The Senator, in a statement, equally commended stakeholders and members of APC for their unshakable loyalty to the party, stressing that the APC will continue to grow from strength to strength.
The statement reads: “As we rejoice today, following the affirmation of the victory of our party, APC in the February 23, 2019 national assembly election in Abia North Senatorial District, I urge our party members, loyalists, supporters and other stakeholders not to engage in any verbal and physical attack with our opponents.
“We have been vindicated by the Appellate court and we shall continue to sustain our exemplary qualities, which are anchored on the ideals of the APC.
“The time is now to consolidate our achievements thus far, with a view to doing more for the masses.
“Let us come together, regardless of party affiliation, to find last solutions to the challenges facing our people especially the down trodden in our communities.
“All efforts must be harmonized to drive sustainable growth and development across Abia state.
“Politics should be seen as an opportunity to serve and unite the people and not a tool for disharmony and social vices.
“Over the years, we have been provoked and we have been attacked by our political rivals.
“However, because of our ideals, we have been law-abiding citizens for the sake of nation building.
“With the verdict of the Court of Appeal, it is clear that justice can be delayed but not denied”
Kalu, who has initiated various social investment programmes including free medical services to indigents, interest-free loans to petty traders, free transport scheme, education scholarship scheme and free agricultural seedlings to farmers in Abia North Senatorial District , promised to sustain his humanitarian gestures across the country.
