For failing to appear in court, the Governorship Election Petition Tribunal sitting in Umuahia has dismissed the petition filed by the governorship candidate of the All Progressives Congress (APC) in the 2015 gubernatorial election in Abia State, Chinenye Nyerere Anyim, seeking the cancellation of the election.

Nyerere, in his petition, alleged that the poll which produced Dr Okezie Ikpeazu, candidate of the Peoples Democratic Party (PDP) as the winner, was marred by malpractices, arguing that it should be cancelled and a new poll conducted.

However, for failing to appear in court today, the tribunal ruled that the petitioner has failed the test of due diligence in prosecuting his matter and struck out his petition for negligence in prosecution.

At today’s sitting, Counsel to the respondents in the petition, including Okezie Ikpeazu, the PDP and Independent National Electoral Commission (INEC) alerted the tribunal that neither the petitioners nor their counsel were in court even as there was no letter from either of the parties explaining their absence.

Livy Uzoukwu, the INEC counsel, relying on relevant provisions of the Electoral Act, prayed the tribunal to apply the mandatory provisions of the law which he said empowered the tribunal to dismiss the petition because the petitioners failed to appear for the matter.

In his contribution, counsel to PDP, Henry Balogun, observed that the petitioners and their counsel were in court on the last day of the adjournment and were quite aware of the day’s sitting but deliberately chose to be absent in court and urged the tribunal to strike out the matter.

Also, counsel to the 5th and 6th respondents, Mike Onyeka, urged the tribunal to dismiss the petition since it was clear that the petitioners have lost interest in the matter.

Chairman of the tribunal, Justice Usman Bwala, while dismissing the petition, cited relevant sections of the Electoral Act which he said the petitioner failed to comply with in the prosecution of the matter.

•Photo shows Governor Ikpeazu.