By Ruth Oginyi
Silas Onu the candidate of the People’s Democratic Party (PDP) in the Ebonyi South Senatorial bye-election, has dragged the winner of the election Senator Anthony Ani to court.
Onu is seeking his disqualification over certificate forgery and ineligibility to stand for the poll.
Prof Okorie the candidate of the ruling All Progressive Congress (APC) Candidate was declared the winner of the election by the independent national electoral commission INEC.
Silas Onu in the suit is also contending the declaration of the university don Ani as winner of the election by the Independent National Electoral Commission (INEC) is invalid by reasons of non-compliance to the electoral act.
The appointment of David Umahi as senator prompted the National Assembly to declare the seat vacant and INEC conducting a bye-election on February 3, 2024 to fill the vacant seat.
The Commission thereafter declared and returned prof Ani as winner of the election with 46, 270 votes.
The commission declared Anthony Eleje candidate of the All Progressive Grand Alliance (APGA) as the first runner-up, while Mr Onu was declared as the second runner-up.
But Onu has rejected the outcome of the election, seeking a redress at the tribunal.
Onu, in the petition to the tribunal, is urging it to disqualify Ani on grounds of forgery and inability to resign his position as a public servant before the said election.
He alleged that prog Ani who is the second respondent presented forged brith certificate to the first respondent (INEC) contrary to section 66 of the Constitution.
He also alleged that the senator did not resign as a Lecturer at the Federal University of Technology Owerri (FUTO) before the election as required for public servants.
According to him, while Mr Ani in documents submitted to INEC claimed to have resigned on 20th December, 2023, he however, continued to receive salaries after the said date of resignation.
“The Petitioners contend that the requirement for public servants who wishes to contest election into the Nigerian Senate to resign in-line with section 6 (1)(f) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) is sacrosanct and cannot be waived or ignored”, the petitioners argued
Mr Onu and his party are also urging the Tribunal to declare the election as conducted in Afikpo local government area invalid due to over voting
They alleged that facts before them show that INEC failed to comply with the electoral act which prescribed cancellation of election results in polling units where number of votes exceeded number of accredited voters in the local government area.
Mr Onu and his party(PDP) are therefore urging the tribunal to issue ‘an order cancelling all the entire result of Afikpo North Local Government Area and declaring same as invalid votes’.
“An Order upholding the results from Afikpo South, Ivo, Ohaozara and Onicha Local Government Areas as the lawful valid votes for the election”
“That it may be determined that the 2nd Respondent was at the time of the election not qualified to contest the election and that the return of the 2nd Respondents by the 1st Respondent is wrongful, unlawful, undue, null and void having not satisfied the requirements of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) which mandatorily requires the 2nd Respondent to resign before contesting the election. Onu &Anor. Vs. INEC &Ors”
“That it may be determined that all votes cast for the 2nd and 3rd Respondents are wasted votes and therefore the declaration and return of the 2nd Respondent by the 1s Respondent as the winner of the Ebonyi South Senatorial Bye-Election conducted on Saturday 3rd February, 2024 is unlawful, wrongful, unconstitutional, undue, null and void and of no effect whatsoever”
Onu is also praying the court to declare him as winner of the said election having secure majority of the lawful votes cast.
