The Supreme Court recently affirmed Francis Nwifuru’s position as the governor of Ebonyi state, putting an end to a legal battle that had unfolded at both the Ebonyi State Election Petitions Tribunal and the Appeal Court.
Despite an appeal filed by Dr. Chukwuma Ifeanyi Odii of the Peoples Democratic Party (PDP), the higher courts upheld Nwifuru’s victory.
The Independent National Electoral Commission (INEC) had initially declared Nwifuru the winner of the election with 199,131 votes, while Dr. Odii secured the second position with 80,191 votes. However, Odii and the PDP sought to nullify the election, alleging non-compliance with the Electoral Act 2022 and challenging Nwifuru’s party affiliation.
The crux of the matter revolved around Nwifuru’s switch from the People’s Democratic Party to the All Progressives Congress (APC). The APC presented evidence that Nwifuru had resigned from the PDP while serving as Speaker of the State House of Assembly and subsequently defected to the APC before its primary election.
The Election Petitions Tribunal, chaired by Justice O. Lekan, held that issues related to party nomination and sponsorship should have been raised before the Federal High Court prior to the election, as they constituted pre-election matters. The Tribunal dismissed claims related to Nwifuru’s sponsorship by the APC, deeming it an internal party matter beyond its jurisdiction.
The Tribunal also emphasized that political party membership is a non-justiciable issue and declined to overturn a Federal High Court judgment confirming Nwifuru’s defection to the APC. The PDP was criticized for not appealing the trial court judgment promptly.
Addressing allegations of overvoting, mutilation, and result inflation, the Tribunal found the petitioners inconsistent in their arguments. It noted that the 20 witnesses called by the PDP failed to prove defects in polling unit result sheets or provide evidence of electoral malpractice.
The Appeal Court, in dismissing Odii’s case, concurred with the Tribunal’s stance on party sponsorship and membership being internal affairs. Justice Tijani Abubakar, delivering the lead judgment, emphasized that the appellants did not establish a case of electoral non-compliance.
In a decisive conclusion, Justice Abubakar stated, “On the whole, this appeal is not meritorious and is hereby dismissed,” solidifying Francis Nwifuru’s victory as the governor of Ebonyi state.
