The Court of Appeal sitting in Owerri, the Imo State capital, has upheld the election of Senator Orji Uzor Kalu for Abia North Senatorial district.
The lead judge, R.A Ada, who read the judgment berated the elections petitions tribunal for ordering a rerun in some electoral wards in Abia North.
Justice Ada said the premise on which the Elections Petitions Tribunal cancelled Orji’s victory was illegal.
Describing the ruling as unacceptable in law, the judge said that the lower court granted the petitioner reliefs it did not ask.
He said “The lower court erred by allowing the dumping of documents on the lower tribunal. In law, the petitioner must establish proof by bringing witnesses who will tie the documents to the substance of the case.”
Speaking to newsmen after the ruling, counsel to Kalu, Perfect Okorie said “The relief the petitioner Mao Ohuabunwa asked for was for the nullification of the election in Bende and Isiukwuato, LGAs but the lower tribunal embarked on its own expedition, granted strange reliefs and nullified elections in some polling units in Ohafia and Arochukwu.”