The governorship candidate of the All Progressives Grand Alliance (APGA) in the 18th March 2023 governorship election in Enugu State, Mr. Frank Nweke Jr., has withdrawn his petition against the winner of the election and governor of the state, Dr. Peter Mbah, of the Peoples Democratic Party (PDP).
This came on a day the Independent National Electoral Commission (INEC), on Sunday, insisted that the Enugu State governorship election was free and fair.
This was even as another opposition party and petitioner, the Labour Party, finally closed its case at the tribunal, but mistakenly requesting BVAS for polling units in Igboeze North LGA instead of those for Ugwawka and Owo in Nkanu East LGA.
Nweke, who came third in the governorship election with 17,983 votes as against Mbah’s 160,895 votes, announced the withdrawal of the petition at the Enugu State Governorship Election Petition Tribunal on Sunday, through an oral application by his counsel, R.A.C.E Achara.
Achara said it became imperative to withdraw the petition filed on 11th April 2023 in order to reduce the workload of the tribunal.
The tribunal consequently granted the wish and dismissed the petition accordingly.
Meanwhile, INEC’s Resident Electoral Commissioner, REC, for Enugu State, Dr. Chukwuemeka Chukwu, who was in court following the subpoena served on the Commission to produce specific BVAS machines used during the election in some isolated areas, told the tribunal during cross-examination that the election was free, fair, and credible.
The REC, who was represented by the Public Relations Officer of the Commission in Enugu, Victor Ezeokafor, also stated that the Commission gave certified True Copies of electoral documents requested by Labour Party.
He said those that were not released were those they did not pray for.
The electoral body also brought some BVAS machines as ordered by the court.
Reminded by that based on the last page of the subpoena, Exhibit 60, INEC was mandated to produce the BVAS machines in 15 polling units, he said: “According to the list in the subpoena, we were mandated to produce five BVAS, and I am here with the five BVAS”.
Asked if he had the BVAS for Owo and Ugbawka I Registration Areas of Nkanu East L.G.A, the REC said INEC BVAS were marked by codes, insisting that INEC provided all the BVAS machines for the Codes mentioned in the court order, adding that the electoral body responds only to Codes and not name.
Probed further, he explained: “It is because he (Petitioners’ counsel) did not call out any code numbers, the BVAS machines I have here, are the five code numbers contained in the subpoena”.
The INEC spokesman in Enugu noted that the electoral body was familiar with the Governorship Election and restated that the election was free and fair.
The tribunal consequently told the petitioners that the petitioners that the court could not grant them prayers, in the case, BVAS machines, not asked for.
Meanwhile, briefing journalists at the end of the sitting, Counsel to Dr. Peter Mbah and 2nd respondent, Alex Iziyon, a Senior Advocate of Nigerian (SAN) said: “ What happened in court today is that the petitioners brought in their remaining witnesses and the court also asked INEC to bring some BVAS machines, which were brought and tendered.
“We also asked REC what transpired during the election and he confirmed that everything went well peacefully and things were in order.
“The five BVAS, which were indicated were brought, but they were over 4,000 BVAS machines in polling units in Enugu State and that was it and the Labour Party closed their case.
When asked about the position of the Subpoena on Owo and Ugbawka in Nkanu East Local Government, he said the petitioner asked for only one polling unit, which was brought to the court.
