Appeal court upholds Emodi's election

Written by Tony Edike

Wednesday, 11 February 2009

THE Court of Appeal sitting in Enugu yesterday, upheld the election of the Senator representing Anambra North Senatorial district at the National Assembly, Mrs. Joy Emodi, declaring that she was duly elected on the platform of the Peoples Democratic Party (PDP). The appellate court dismissed the application brought by the Labour Party (LP) candidate in the election, Mrs. Jessie Balonwu, who had prayed for the cancellation of the poll on the grounds that no election took place in the senatorial zone during the National Assembly elections held on April 28, 2007 and that no result was issued by INEC from the exercise. Balonwu had argued the same grounds at the lower tribunal in Awka, but tribunal held that Emodi was duly elected based on the result released by the Independent National Electoral Commission. Dissatisfied with the ruling of the lower tribunal, Balonwu, who was a member of the National Assembly, headed to the Appeal Court. In the judgment delivered yesterday, the Appeal Court, in the lead judgment by Justice Stanley Omage, agreed with the decision of the lower tribunal, saying the inability of the appellant to join the INEC electoral officers in the case did not give the respondents (Emodi and the electoral body) the opportunity of fair hearing as provided by the electoral law. Justice Omage said that the court, after considering all the evidence before it, agreed that election for the Anambra North Senatorial seat was held on April 28, 2007, adding that the result issued to the winner of that election, Senator Emodi, was in order. The court dismissed the appeal with a cost of N10,000 in favour of Senator Emodi and N3,000 to each of the 212 INEC electoral officers who were listed as respondents in the case. Speaking with reporters shortly after the judgment, Counsel for Senator Emodi, Hypo Onwuegbuke, praised the decision of the court, saying they have been vindicated by justice. “We are indeed grateful to God that the court has vindicated us,” he said. With the disposal of the Balonwu’s case, Senator Emodi has one more hurdle. The appeal by Chief Joseph Igbeke (Ubanese), who is also challenging her election is pending.

Long live Anambra State... The Light of the Nation