The Court of Appeal, situated in Abuja, has overturned the previous victory of Ndudi Elumelu at the National and State Houses of Assembly Election Tribunal in Asaba. The decision, delivered on Thursday, marks a pivotal moment in the ongoing legal battle for the Aniocha/Oshimili Federal Constituency seat in Delta State.
The Appeal Court’s ruling, which set aside the earlier judgment handed down on July 24, has declared the Peoples Democratic Party (PDP) candidate, Ndudi Elumelu, as the winner of the last election for the constituency.
The Court of Appeal criticized the tribunal for nullifying the election of the Labour Party candidate, Okolie, and subsequently dismissed the petition filed by Elumelu, which had led to the initial judgment being voided.
Crucially, the Court of Appeal upheld the arguments put forth by Mahmud Magaji (SAN), the legal representative of the Labour Party. Magaji contended that, contrary to the tribunal’s findings, Okolie had indeed been duly nominated and sponsored by his party. Moreover, it was established that Okolie had adhered to the constitutional requirement by resigning from his position as a Senior Special Assistant (SSA) to the Delta State Government.