Delta State Governorship Election Petition Tribunal has fixed Tuesday
June 30 for ruling on a preliminary objection filed by the Peoples
Democratic Party (PDP) against the petition brought by All Progressive
Congress (APC) and Labour Party (LP) challenging the results of the
April 11 governorship election in the state.
Three petitions are before the three-man tribunal headed by Justice Nasiru
Gunmi, challenging the declaration of Dr. Ifeanyi Okowa of the People’s
Democratic Party (PDP) as winner of the April 11 governorship election by
the Independent National Electoral Commission (INEC).
The petitions were filed by Chief Great Ogboru of Labour Party, Olorogun
O’tega Emerhor of the All Progressive Congress (APC) and Mr. Paul Isamade
of Allied Congress Party of Nigeria (ACPN).
At the resumed hearing yesterday in Asaba, Justice Gunmi after hearing the
submissions of Dr. Alex Izion (SAN) lead counsel to Governor Ifeanyi
Okowa, on the issues of jurisdiction and the need for pre-trial
conference fixed 30th June 2015, for ruling.
Izion in his preliminary objection asked the Tribunal to terminate the
petition because it lacked merits, having failed to applyfor pre-hearing
notice as provided for under paragraph 18 (1) of the Electoral Act 2014 as
amended.
He urged the court to look at the nature of the objection, “as it is
fundamental and touches on the spinal cord of the petition”, adding that
respondents in the objections have complied with what supreme court has
laid dawn in paragraph 12(5) of the Electoral Act.
He argued that the tribunal cannot collapse the hearing of the preliminary
objections into the substantive matter as the pre- hearing will enable
the court to to determine whether the suit is competent. He pointed out
that the pre-hearing process is within the time management frame of the
tribunal allowed by the Electoral Act, and therefore will not truncate the
proceedings of the Tribunal.
Counsels to Emerhor and Ogboru , Mr. Thomson Okpoko (SAN) and Dele
Adesina (SAN) respectively in their arguments prayed the court not to
allow the tribunal to go through the pre- hearing as that will waste the
time of the court.
Okpoko citing section 12(5) of the electoral petition Tribunal Act , told
the court that election petition has time limits, adding that at the rate
at which motions are been filed to terminate the petition, it could
prevent the court from hearing the case on its merits if allowed.
Adesina in his submission told the court that section 285(6) of the
Constitution of the Federal Republic of Nigeria limits the tribunal to
180 days, arguing that time is of essence to the hearing and
determination of the case, which if not considered will amount to
fundamental injustice to the petitioners.