The petition of the All Progressives (APC) candidate for the Cross River State Central Senatorial District elections, Senator Victor Ndoma-Egba SAN, challenging the polls that saw Dr Sandy Onor of the People’s Democratic Party (PDP) emerge winner has been dismissed by the Tribunal in Calabar.
Reading the judgment on behalf of the three-man Tribunal panel on Wednesday, Justice Vincent Agbata said the petitioner’s argument that he was unlawfully excluded by the Independent National Electoral Commission (INEC) from participation in the election of 23rd February was not valid because INEC acted within the ambit of the rule of law in obeying the order of a Federal High Court judgment in delisting the name of the petitioner as candidate of the APC.
The Tribunal judge noted that the APC in crisis at the time had several pre-election litigations one of which gave rise to the exclusion of their candidates in the election which the Tribunal averred as a lawful act since there was no superior order of the court to that lower court which ordered the exclusion.
Also, the Tribunal viewed the petition as a pre-election matter being that the exclusion by INEC took place before the election, hence they lacked jurisdiction.
Ndoma-Egba said he was going to appeal the decision as there were many loose ends that had not been addressed.