Court nullifies Udughan’s election •Orders fresh election in 90 days •Speaker to be sworn in as Delta acting gov •We are awaiting details of judgment -Uduaghan

Court nullifies Udughan’s election •Orders fresh election in 90 days •Speaker to be sworn in as Delta acting gov •We are awaiting details of judgment -Uduaghan

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Written by Uchechukwu Olisah, Benin City Wednesday, 10 November 2010

A full panel of the court of appeal sitting in Benin City has annulled the election of Delta State governor, Dr Emmanuel Uduaghan, following an appeal by the governorship candidate of the Democratic Peoples Party (DPP) in the 2007 election, Chief Great Ogboru.
The appeal court also ordered that the Speaker of the state House of Assembly should be sworn in as acting governor while the Independent National Electoral Commission (INEC) should conduct a fresh election within 90 days.
In annulling the election, the appellate court presided by Justice Monica Mensah, held that it was fraught with irregularities and consequently, ordered the Independent National Electoral Commission (INEC) to conduct a re-run election for the office of the governor of Delta State within 90 days.
Uduaghan was expected to vacate office immediately and hand over to the Speaker of the Delta State House of Assembly.
Chief Ogboru, had in the aftermath of the declaration of Dr Uduaghan as governor, dragged Uduaghan, the Peoples Democratic Party (PDP) and INEC to the federal high court, claiming that the election was rigged in favour of Uduaghan.
In its judgment, the Federal High Court sitting in Asaba, the Delta State capital, held that Uduaghan was duly elected as governor having scored the highest number of votes.
But Ogboru proceeded to the Court of Appeal which eventually annulled the election of Uduaghan on Tuesday.
In a unanimous decision, the five-man court of appeal panel said that after looking at the submissions of counsel for both parties and the submission of counsel for INEC, it was obvious that the election was characterised by a lot of irregularities.
The court further held that there was a lot of election malpractice in favour of Dr Uduaghan, which placed undue advantage on him and his party to the detriment of other contestants in the election.
Chief Ogboru described his victory at the court of appeal as a vindication for the people of Delta State.
Ogboru, who spoke in a telephone interview with the Nigerian Tribune said that the DPP would win the rerun.
“The case in court was between me and Uduaghan. It was not between me and the governor of Delta State because Uduaghan was never governor. The court has said so. It is victory for the people of Delta State, who did not vote for Uduaghan.
“To have a feel of what will happen at the rerun, you have to go to the streets of Warri, Ughelli, Asaba, Agboh and others. You will see that the people are jubilating. They are happy because they know they voted for us. That is to tell you that if the rerun will be on the basis of one man one vote, Uduaghan cannot win."
Reacting to the judgment in a terse statement, media aide to the governor, Sunny Ogefere, said “words have just come to us concerning the judgment of the Court of Appeal sitting in Benin which annulled the election of the governor of Delta State, Dr Emmanuel Uduaghan. The details of the judgment are being awaited.
“Meanwhile, Deltans are enjoined to remain calm and go about their normal duties,” he added.