The Court of Appeal sitting in Owerri, the Imo State capital, on Thursday sacked Okezie Ikpeazu of the Peoples Democratic Party, PDP, as governor of Abia State and ordered the Independent National Electoral Commission, INEC, to swear in Alex Otti of the All Progressive Grand Alliance.

The court held that Otti won the April 11 election and April 25 supplementary election by polling 164, 444 votes against Ikeazu’s 114, 444 votes.

The Justice Oyebisi Omoleye-led five-man panel held that it was wrong for the returning officers to cancel the elections held in Obingwa, Osisioma Ngwa and Isiala Ngwa local government areas after results had already been uploaded to INEC.

“In the Electoral Act, the Returning Officer has the right to only declare results of elections and not to cancel elections.

“This panel discovered that the earlier results uploaded to INEC headquarters correspond with the correct valid registered voters in the three LGAs, while that awarded to the respondent shows over voting and therefore null and void,” the judgement read.

The Court of Appeal also faulted the tribunal’s handling of the issues brought before it by the appellant, including the absence of Otti at the hearing.

“It was wrong for the court below to insist that because the appellant failed to appear in person, his matter will not be given due attention.

“For not appearing in person, the first appellant did not abandon his case,” Justice Omoleye said.

She also rejected Ikpeazu’s objection that the panel was wrongfully set up.

The court said there was no need to order a rerun because results showed that Otti clearly won the elections.

Following the November 3 ruling by the election tribunal affirming Ikpeazu’s victory, Otti headed to the Court of Appeal and asked it to nullify the PDP candidate’s victory on the ground that the elections were fraught with irregularities and disobedience to the Electoral Act.

But the tribunal, headed by Usman Bwala, said the petitioner did not prove his case beyond doubt and declared the respondent winner prompting Otti to appeal the judgement.