Court of Appeal in Lagos Overturns Election Tribunal’s Decision, Hon. Francis Waive’s Victory Confirmed

LAGOS/Nigeria: In a significant legal victory, the Court of Appeal sitting in Lagos on Wednesday set aside the judgment of the National Assembly Elections Tribunal Asaba, ultimately affirming the electoral triumph of Hon. Francis Ejiroghene Waive, representing Ughelli North, Ughelli South, and Udu Federal Constituency in the House of Representatives.

The lower court’s prior ruling had cast doubt on Waive’s qualification to contest the 2023 general elections, citing the Independent National Electoral Commission’s (INEC) alleged failure to publish his educational qualifications as mandated by law.

Waive, a member of the All Progressives Congress (APC), launched a staunch challenge to the tribunal’s verdict, contending that he had diligently submitted all required documents to INEC, and that the non-publication of his qualifications on the INEC portal was beyond his control, asserting that it did not constitute valid grounds for election annulment.

In a unanimous judgment delivered today, in the case identified by suit number CA/AS/EP/HR/DL/17/23, “Waive Ejiroghene vs. Solomon Awhinawhi & 3 Ors,” the appellate court unequivocally upheld Waive’s appeal and simultaneously dismissed the cross-appeal lodged by his political adversary, Solomon Awhinawhi of the People’s Democratic Party (PDP).

The Court, in its decision, endorsed all the claims made by Waive and imposed a cost of ₦500,000 on Solomon Awhinawhi, the PDP, and INEC. The court emphasized that INEC’s omission to publish Waive’s qualifications could not be considered a legitimate ground for disqualification, and no concrete evidence was presented to substantiate allegations of document forgery or falsification.

Furthermore, the court upheld Waive’s electoral victory, affirming that he had secured the highest number of valid votes cast in the constituency.

In reaction to the court’s verdict, an elated Waive expressed his gratitude to God and his constituents for their unwavering support and trust in him. He also lauded the justices of the Court of Appeal for their role in restoring justice and confidence in the judicial system.

“I am forever grateful to God Almighty for the privilege to serve my people. I appreciate the entire people of Ughelli North, Ughelli South, Udu Federal Constituency for their massive support. I commend the Justices of the Court of Appeal for restoring justice and faith in our judiciary by ensuring that an ordinary citizen without money and connections gets fair hearing and judgment,” he stated.