Appeal Court Nullifies Labour Party's Victory, Reinstated PDP Candidate - Legal Luminary Provides Insights Into the Legal Intricacies of the Case.


The Court of Appeal in Lagos State has overturned the Election Tribunal's decision that initially affirmed the victory of Udefuna Chukwudi, the Labour Party candidate for Ezeagu state constituency in Enugu. The appeal was filed by Bar. Chima Obieze of the People's Democratic Party (PDP).

Barr. Abonyi Uche Levis, reporting from Orba in Udenu LGA, provided insights into the legal intricacies of the case:

The appeal court's ruling reversed the tribunal's decision, reinstating Bar. Chima Obieze as the rightfully elected member of the Enugu State House of Assembly. This decision effectively nullifies the election of the Labour Party candidate, Udefuna Chukwudi.

The National and State Houses of Assembly Election Petitions Tribunal in Enugu had initially delivered a judgment on September 28th, 2023, favoring Udefuna Chukwudi. The tribunal's decision, which was based on three grounds—invalid nomination, non-qualification, and disregard for the 2022 Electoral Act—left many, including seasoned lawyers, stunned.

One crucial aspect of the petition focused on Udefuna Chukwudi's qualification, arguing that he did not possess the minimum academic qualification required by the constitution. Bar. Chima Obieze contended that Udefuna lacked the "school certificate or its equivalent" as stipulated in Section 106(c) of the constitution.

The petition highlighted the discrepancy in Udefuna's submission of a Primary Six School Leaving Certificate, asserting that this alone did not meet the constitutional criteria. Section 318(1) of the constitution defines "school certificate or its equivalent," specifying conditions beyond a primary school certificate.

The PDP argued that the responsibility to prove compliance with these conditions lies with the respondent (Udefuna Chukwudi), citing a Supreme Court judgment (Lado Anor vs. Masari Ors, 2019) that emphasized the need to satisfy additional requirements beyond a Primary Six School Leaving Certificate.

The appeal court's judgment took into consideration the Supreme Court precedent, ruling in favor of Bar. Chima Obieze. This decision has now allowed the PDP and its candidate to reclaim their mandate, bringing an end to the legal battle over the Ezeagu state constituency seat.

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