Election of Stephen Odey of the Peoples Democratic Party as the senator representing Cross River North Senatorial district, has been upheld by the election Petition Tribunal seating in Calabar.
Passing
judgement in petition N0: EPT/CR/SEN/03/2020 filed by Joe Agi SAN and the All Progressive
Congress against Stephen Odey, Jerigbe Agom Jerigbe, Peoples’ Democratic Party
and the Independent National Electoral Commission as 1st to 4th respondents
respectively, the three man tribunal
presided over by Justice Yusuf Ubale Muhammad agreed with the preliminary
objections earlier raised by the Respondents but said he does not have the
locus standi to challenge the primaries of the PDP.
The tribunal
also submitted that the 2nd respondent Hon. Jerigbe Agom was not a candidate in
the election and that the certificate of Return issued to him by the
Independent National Electoral Commission was done wrongfully and should be
discountenanced.
The judgement
read;
“The question
to ask is in view of the admission of the petitioner that he is not a member of
the PDP and he left since 2017, does he have the locus standi to challenge the
primaries of the PDP? The definite answer is no.
“The position
of the law is that it is only an aspirant who contested a primary election that
can approach the court under the provision of the section 87.9 of the electoral
ACT. It therefore shows that the petitioner in this petition has no locus
standi to challenge the return of the first respondent.
“As for the
evidence before the tribunal, the first petitioner alleged that the 3rd
respondent sponsored two candidates for the senatorial by-election for CRS
north which led to the issuance of two certificates of return; 1st to Odey on
the 6th of Dec, 2020 and another to the 18th of Feb. 2021.
“It is not
possible for the INEC to hear someone who has not submitted form CF001 and CF
002 as the nomination process is complete only when the Commission receives the
necessary documents – see the decision in PDM Vs INEC 2020. On the whole, we
hold that there is no evidence before us to destroy the return of the first
respondent as the duly elected senator represented Cross River North. We have
studied exhibits A22, the Judgment of the Court of Appeal and we could not find
where a certificate of Return issued to the first respondent is nullified and
as such the issuance of the 2nd certificate of return to the 2nd respondent by
INEC is wrongful and hereby discountenanced.”
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