Aida vs Agbese: Okanga says loser’s suit an academic exercise

Chief Philip Agbese, the All Progressives Congress (APC) lawmaker representing Ado/Ogbadibo/Okpokwu Federal Constituency and Vice-Chairman of the House Committee on Media and Publicity, has dismissed the petition filed against his victory in the February 25, 2023 election as an academic exercise. The petition was filed by Aida Ogwuche of the Peoples Democratic Party (PDP) challenging Agbese’s victory, alleging non-compliance with the provisions of the Electoral Act, 2022.

Agbese’s counsel, Adetunji Oso, argued before the National Assembly Elections Petitions Tribunal in Makurdi that the petitioner was initially recognized by the Independent National Electoral Commission (INEC) as the PDP candidate until a dispute within the party resulted in the Court of Appeal recognizing another candidate before the Supreme Court’s judgment.

Oso pointed out that the petitioner’s complaint is about an irregularity, and she failed to cite any authority stating that the omission of a candidate’s name can invalidate an election. He also highlighted that the petitioner admitted to voting for her party in the election, which further strengthens the legitimacy of the election.

Furthermore, Oso referred to the position of the Supreme Court in Abubakar vs Yar’adua, where the court held that the party cannot be separated from the candidate. He questioned whether the petitioner would have challenged the election result if the PDP had emerged as the winner.

Agbese’s counsel urged the tribunal to dismiss the petition on the grounds of being unmeritorious and an academic exercise.

Counsel to the APC, Vincent Da’agba, supported the call for dismissal, describing the petition as frivolous and lacking merit. Similarly, Emmanuella Tijah, who represented the Independent National Electoral Commission (INEC), supported the dismissal of the petition based on the commission’s arguments and submissions.

In contrast, counsel to the petitioner, Kenneth Ikonne, urged the tribunal to grant the reliefs sought by the petitioners.

The Chairman of the Tribunal, Justice Amina Aliyu, adjourned the matter for judgment on a date to be communicated to the parties. The decision of the tribunal will determine the outcome of the case and the legitimacy of Chief Philip Agbese’s victory in the election.