The Court of Appeal? in Calabar yesterday upheld the election of Akwa Ibom State Governor Godswill Akpbabio and? dismissed an appeal by the? governorship candidate of the Action Congress of Nigeria (ACN) in the April 26, 2011 poll? in the? state, Senator John Apanudoedehe.
Akpanudoedehe? and the ACN had approached the appellate court, asking it to set aside the verdict? verdict of the Election Petitions? Tribunal which dismissed their? petition against the election of Akpabio.
?
In a unanimous judgment read by Justice M. A. Oredola, the Court of Appeal affirmed the judgment of the tribunal? which dismissed the ACN petition for failure to? comply with the provisions of the Electoral Act,? 2010 (as Amended) particularly as contained in Paragraph? 47 (1).
Justice Oredola said, “The trial tribunal cannot be faulted for invoking the provisions of the Electoral Act. I agreed with the decision of the lower court as argued by the lawyer? to Governor Akpabio that the petition of the ACN candidate, Senator Akpanudoedehe was incurably defective as it failed to meet the provisions set out in paragraph 18 (4) of the First Schedule to the Electoral Act, 2010 (as amended).
?
The appellate court added that the appellants could not pick and chose which provisions of the law to follow,? no matter how absurd the provisions of the Act might? be, provided it was? the law and made by the National Assembly.
?It therefore dismissed the appeal in its entirety without award of any costs.
On the issue of the arguments from the ACN that the judgment of the tribunal was unsigned and therefore not authentic, the appellate court? noted that it had? looked into the issue and requested the manuscript’s copy of the? tribunal’s? judgment which was made available to it.
It added that it confirmed that the judgment was? authentic and acceptable,? having been signed by the majority of the judges.
?