The Court of Appeal sitting in Benin City, Edo State, on Saturday, December 19, 2015, annulled the election of Chief Ighoyota Amori of the Peoples Democratic Party (PDP) and declared Obarisi Ovie Omo-Agege of the Labour Party as the winner of the 2015 Delta Central senatorial election. The appellate court annulled the victory of Amori as declared by INEC and upheld by the elections petition tribunal.
Delivering the judgment, Justice H. A. Barka in the lead decision, set aside the verdict of the lower tribunal which upheld the declaration of Senator Amori as winner of the election by the Independent National Electoral Commission, INEC.
Barka held that they found Omo-Agege’s appeal meritorious.
This judgment is coming barely four days after the same Court of Appeal sitting in Benin-City, Edo State, dismissed a petition filed by the Delta Central senatorial candidate of the All Progressives Congress (APC) Hon. Halims Agoda, against him over the 2015 general election result, Chief Ighoyota Amori’s victory dance has been cut short by the same Appeal Court.
Dismissing the appeal of Agoda earlier in the week in the unanimous judgment, Justice H. Barka held that the use of manual accreditation was legal, adding that card readers were meant to complement manual accreditation. Barka said, over voting could only be said to have taken place if the number of votes cast was more than what was in the voters register and “not card readers.”
The judge also dismissed claims of the APC candidate of election violence and argument that the conduct of the election by INEC did not substantially comply with the provision of the Electoral Act.