In a unanimous judgement, the three-man panel of justices (Amina Adamu Aliyu, Emeka S. Nri-Ezedi and Funsho Dada Lawal) dismissed the petition filed by the People's Democratic Party (PDP) candidate, Aida Nath, awarding N400,000 each to the respondents.
Delivering the judgement, Justice Emeka S. Nri-Ezedi ruled that Nath's case was a pre-election matter and it has no powers to investigate matters that occurred before the conduct of an election.
"This petition is grossly incompetent, the petitioner cannot expand non-compliance beyond the point provided for in the Electoral Act, 2010 (as amended). The right to do so rests squarely with the legislators and not a petitioner or tribunal," the verdict said.
"The petition as constituted before the Tribunal is unknown to the non-compliance ground under section 134 of the Act.
"The Petitioner's petition cannot be surreptitiously accommodated under the grounds in S. 134 of the Act. The non-compliance envisaged is with the Electoral Act and not compliance with a Supreme Court Order."
The court further ruled that "unlawful exclusion has ceased to be ground in electoral jurisprudence" adding that "to complain of non-compliance and also complain of unlawful exclusion is tantamount to approbating and reprobating."
Recall that the All Progressives Congress candidate Agbese who garnered 19,083 votes against Nath of the PDP (14,000) was returned winner of the election in February.
