The Court of Appeal sitting in Enugu has upheld the ruling of the House of Representatives tribunal sacking the member representing Igboeze North/Udenu federal constituency, Hon. Simon Atigwe.
The Appeal Court which delivered the judgement in Enugu on Wednesday, held that Hon. Atigwe of the Peoples Democratic Party (PDP) was not duly elected by the valid votes cast in the rerun election.
The court therefore declared Dennis Agbo of the Labour Party as the rightful winner of the 3rd February, 2024 re-run election.
The judgement was unanimously delivered by the three members of the panel and read out by the chairman of the panel Justice Ekanem.
It would be recalled that Hon. Atigwe was declared the winner of the re-run election held on February 3rd, 2024.
The Independent National Electoral Commission(INEC) said the PDP’s candidate polled 23,863 votes to defeat Hon. Dennis Agbo of the Labour Party who garnered 23,226 votes.
Hon. Agbo who had earlier won the February 25th, 2023 election but was sacked by the appellate court proceeded to the tribunal to challenge Atigwe’s declaration.
Hon. Agbo argued that the election was marred by wrong computation of result, substantial non compliance to the electoral act among others.
In their ruling on 14th August, the Tribunal headed by Justice H N Kunaza said that the petition had merit and declared Rt. Hon. Dennis Nnamdi Agbo the actual winner of Igbo Eze North/ Udenu Federal constituency.
Justice Kunaza’s panel declared invalid, null and void the 2000 votes added to the PDP candidate and restored the votes of 25th February 2023 of 14229 for the PDP and 28870 for the LP candidate Rt Hon Dennis Agbo.
It also held that Atigwe Simon Chukwuemeka was not duly elected by the valid votes cast as the petitioner won with 23,221 and PDP 21,863 votes and as such, the certificate of return issued to Atigwe should be withdrawn and issued to Hon Agbo.
The judgement will return Hon. Agbo to the House of Representatives.
