The Appeal court sitting in Owerri on Monday 11th November 2019, upheld the decision of the lower court which earlier ordered for a re-run in some polling units in Ututu ward, Aro ward 1 and some units in Abam all in Arochukwu State Constituency.
The Appellate court hinted that having been in the process together, the two major candidates should go into the race again so as to determine the rightful winner of the said election.
The presiding judge stated that the calculation done by the tribunal in using D1 and D3 in the process, was properly done, adding that in section 138 of electoral act 2010 it enacts that they should be no ground to question an election on the grounds of sharp practices.
Continuing, the judge maintained that the election in Aro ward 1 and Ututu affected the overall result, adding that INEC has no discretion to return the election since the margin of lead in some areas was less than the total number of votes cancelled.
The Appellate court therefore ordered that the appellant should pay the sum of N200,000 to the 2nd and 3rd respondents and dismissed the appeal as lacking in merit.
