Hon. Henry Mbachu, Member, Anambra State House of Assembly, Representing Awka South 1 Constituency has commended the Election Petition Tribunal sitting in Awka, for delivering judgment in favour of Labour Party (LP), and for striking out petition brought against him for lack of locus standi.
The candidate of All progressive Grand Alliance (APGA), for March 18, state assembly election, Chief Igwedinma Nwofor, had filled a petition at the tribunal praying for the disqualification of the candidacy of Mbachu for lack of due process in his nomination by his LP.
According to the petitioner, Chief Igwedinma Nwofor of (APGA) who joined INEC and Labour Party (LP) as 2nd and 3rd respondents respectively to the first respondent Henry Mbachu stated that the candidacy of Mbachu should be nullified and that he the Petitioner should be declared the winner as the 1st runner-up.
The three-man panel of judges; Hon. Justice L.O Ogundana (chairman), Hon. Justice Usman S. Sakwa (member 1), Hon. Justice A.T Changbo (member 2) in their judgment unanimously stated that the petitioner had no jurisdiction for asking that the candidacy of Mbachu be nullified as it is: solely a pre-election matter, and an intra-party affair.
The court therefore struck out the petitions for lack of Merit.
Reacting to the Judgement, Mbachu described it as justice well served, adding that such Judgement was a tool for developing democracy and deepening the gains of democratic dividends.
According to him, the judgment had rekindled hope in him that the judiciary as an arm of government remained the last hope of the common man.
The lawmaker said he was grateful to God, saying that the true justice given him by the tribunal released a peaceful atmosphere immediately the judgment was delivered.
“It showed that justice well served bring in peace and progress, ” Mbachu said..
He said it was a win win for everyone engaged in the exercise and extended a hand of fellowship to all to come together to attract greater development to the constituency
He thanked the electorate for the mandate given to him and assured them of quality and fruitful representation and equally appreciated his legal team for the victory.
“I call on everyone in Awka South 1 constituency to come on board for the task ahead.
“I sincerely call on the Petitioner to see this victory as a win for us all. I win, he wins, he wins, I win.
“In the spirit of sportsmanship, I enjoin him to sheath his sword and board the ship for a greater Awka South 1 Constituency,” he said.
While reacting to the outcome of the judgment, a senior member of the legal team, Nnamdi Anagor noted that the judgment at the court was clearly defined and should be upheld.
“The judgment was expected because of the lack of eligibility on the part of the Petitioners.
“The court held that the Petitioners were not eligible to contest the candidacy of the 1st respondent.
” One, the 1st Petitioner is not a member of the labour party and equally not an aspirant of the primary of the party.
“Two, the election petition tribunal is saddled only with election matters not pre-election matters which is the jurisdiction of a federal high court.
“And consequent upon these premises, the petitioner’s 2nd prayer to declare him, who came second as winner, was struck out by the tribunal and the judgment was hinged on Section 284 subsections 2 &14 of the constitution which is very clear on the jurisdiction of the Election Petition Tribunal,” the counsel said.
