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Delta: Appeal Court affirms APC’s Joel-Onowakpo Thomas, Waive & Dafinone

The Court of Appeal sitting in Lagos has upturned the decision of the tribunal and affirmed Joel-Onowakpo Thomas as duly elected Senator representing Delta South Senatorial District.

On 28th February, the INEC had declared APC’s Thomas winner with 49955 votes against PDP’s Diden Michael with 47696 votes.

Diden and his party, the PDP, in their petition marked EPT/DT/SEN/ 01/2023, asked the tribunal to void INEC’s declaration of candidate of the APC Joel-Onowakpo, alleging that he was not duly elected by the majority of lawful votes cast at the polls.

In a delivered judgment in September, Justice Catherine Ogunsola reading the lead judgement invalidated the return of APC & Thomas as winners and declared the said election as inconclusive.

The tribunal ordered a re-run election in Warri South LGA of the state for the Delta South Senatorial District.

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Dissatisfied as expected, the APC & Thomas challenged the decision of the tribunal before the Appellate and final Court in these matters.

 

The Court of Appeal sitting in Lagos also upturned the decision of the tribunal and affirmed Francis Ejiroghene Waive as duly elected Member representing Ughelli North/Ughelli South/Udi Federal Constituency.

The Independent National Electoral Commission (INEC) on February 28, declared incumbent, APC’s Waive winner with 42226 votes ahead of PDP’s Solomon Ahwinahwi who scored 32391 votes.

Not satisfied with the development, Ahwinahwi & the PDP approached the Election Petitions Tribunal sitting in Asaba, praying amongst others that Waive be disqualified for improper documentation.

In a unanimous decision read by Justice Catherine Ogunsola, the tribunal agreed with the Petitioners and nullified the return of [i]Waive due to failure to have his qualification published and declared as the Candidate by INEC.[/i]

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Waive had claimed that he did submit all required documents, including qualifications as required by INEC. The non-publication of the same on the INEC portal was not his making or within his power to effect. He insisted he also made official complaints to INEC.

Dissatisfied with the outcome, Waive approached the final Court in these matters where he has found reprieve.

The Court of Appeal sitting in Lagos also upturned the decision of the tribunal and affirmed Ede Dafinone as duly elected Senator representing Delta Central Senatorial District.

On 28th February, the INEC had declared APC’s Dafinone winner with 109197 votes against PDP’s Ighoyota Amori with 101385 votes.

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Amori and his party, the PDP prayed the tribunal to void INEC’s declaration of candidate of the APC’s Dafinone, alleging that he was not duly elected by the majority of lawful votes cast at the polls.

In a delivered judgment in September, Justice Kpochi reading the lead judgement invalidated the return of APC & Dafinone as winners and declared the said election as inconclusive.

The tribunal ordered a re-run election in 48 Polling Units across 4 LGAs in the Delta Central Senatorial District.

Dissatisfied with the judgement, the APC & Dafinone challenged the decision of the tribunal before the Appellate and final Court in these matters.

 

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