The Umuahia National Assembly Election Petitions Tribunal has dismissed a petition contesting the election of Deputy Speaker of the House of Representatives, Rep. Benjamin Kalu. According to Guadian , the Labour Party (LP) petition was ruled without merit by Justice Samson Paul-Gang, who led the three-member panel on Tuesday. The judge called on all parties to bear the administrative costs.
The judge’s decision rested on the lack of compelling evidence presented by the petitioners to substantiate their claims beyond reasonable doubt, leading to the dismissal of their case.
Chief Frank Chinasa, the LP candidate, had challenged the reelection of Kalu from the All Progressives Congress (APC) for the Bende Federal Constituency of Abia. Chinasa’s counsel, Mr. Yunus Usman (SAN), contended that Kalu was ineligible for the Feb. 25 poll as he did not meet the educational criteria stipulated in Section 65(2)(a) of the 1999 Constitution. Usman argued that Kalu used multiple names on different educational certificates, which was not consistent with his current name, Kalu Benjamin Okezie.
Usman also pointed out that Form EC9 submitted to the Independent National Electoral Commission bore the name “Osisiogu Benjamin Okezie,” which differed from the other documents, such as the birth certificate, first-degree certificate, NYSC Certificate, and WASC, all of which bore variations of the names Kalu Benjamin Okezie and Benjamin Okezie Osisiogu.
Consequently, Usman sought an order to nullify and set aside the votes attributed to Kalu due to his alleged non-qualification for the election.
On the other hand, Kalu’s legal representative, Mr. Kelvin Nwufo, urged the tribunal to dismiss the petition on grounds of lack of merit. Nwufo argued that the inconsistencies in Kalu’s names were appropriately reconciled through a deed of proof and a Federal Government gazette documenting the name change.
In his ruling, the judge emphasized that the burden of proving the alleged certificate falsification rested with the petitioner, not the respondent. This burden, the judge noted, had not been met beyond a reasonable doubt, leading to the dismissal of the petition.
Counsel for both parties declined to provide press interviews following the ruling.
Meanwhile, a mild courtroom scene unfolded as the Action Alliance (AA) candidate in the same election, Mr. Ifeanyi Igbokwe, filed a fresh application regarding the imposition of his name. Igbokwe clarified that he was not challenging Kalu’s victory in the February 25 poll but sought to identify the individual using his name to contest against Kalu. The tribunal subsequently adjourned for further proceedings at a later date.
It’s worth noting that counsel for AA, Mr. Daniel Anya, had previously submitted a written address on August 14, urging the tribunal to nullify Kalu’s election due to the omission of the party’s name and logo from the ballot during the poll.
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