The Election Petitions Tribunal in Awka has dismissed the petition by Chuma Nzeribe of APGA, challenging the election of Andy Uba of the PDP in the April Senatorial poll in Anambra South.
The Chairman of the tribunal, Justice Onajite Kuejubola, who read the judgment in Awka on Wednesday, noted that the petitioner had not been able to prove beyond all reasonable doubt the allegation of corrupt electoral malpractice during the election.
Kuejubola also held that Nzeribe’s other grounds of petition that Uba’s declaration as winner of the election was not in compliance with provisions of the Electoral Act could not be substantiated and sustained.
”What the petitioner has not been able to prove beyond all reasonable doubt is the allegation of non-compliance with the provisions of the Electoral Act during the April 2011 poll in Anambra South Senatorial zone.
”The petitioner could not establish that the manipulation of results in 10 wards of Aguata Local Government Area had adversely affected the results of the election in the zone.
”Leave was granted to the petitioner to inspect election materials but he did not give the report of the inspection to the tribunal, because the results were not favourable to him and his party,” she said.
The chairman emphasised that all the eight witnesses called by Nzeribe had woefully failed to prove the allegations of irregularities, fraud, ballot snatching by agents of the declared winner of the poll.
”He that relies on non-compliance with the Electoral Act as a ground must be able to establish corrupt practice against his opponents.
”The witnesses said that election was not collated but they did not deny that election was held, ” Kuejubola said.
She affirmed that Nzeribe had yet to prove the balance of probability and that he had failed to discharge the burden of proof.
The chairman, who said that the petition lacked merit, ruled that Uba was validly nominated for the poll and that his election by INEC was legal and valid.