Rules On Omehia Suit July 27
CITING failure to comply with the Electoral Act, the Election Petition Tribunal sitting in Port Harcourt, Rivers State has dismissed the petition filed against Peoples Democratic Party's (PDP) Governor Chibuike Amaechi's election by Action Congress of Nigeria (ACN) governorship candidate, Dr. Abiye Sekibo.
Meanwhile, the tribunal has fixed July 27, this year for ruling on the petition filed by the All Progressive Grand Alliance (APGA) candidate, Mr. Celestine Omehia, against Amaechi's victory.
The developments came as the Chairman of the Kwara State chapter of ACN, Mr. Kayode Olawepo, criticised the alleged invasion yesterday of the premises of the tribunal hearing the petition against the election of Governor Abdul Fatah Ahmed by people it alleged were PDP thugs.
According to the Chairman of the tribunal in Rivers State, Justice Amina Wambai, Sekibo failed to apply for pre-hearing notice within seven days stipulated in the Electoral Act, and as such, in the eye of the law, it is deemed that he had abandoned his petition before the tribunal.
Counsel to Amaechi, Mr. Ifedayo Adedipe, had sought the dismissal of Sekibo's petition on grounds that the petitioner failed to apply for pre-hearing, as required.
He contended that the time for application for pre-hearing had expired, making it the tribunal's legal duty to dismiss the petition.
Also, PDP's counsel, Mr. Igbodato Imadegbelo, urged the court to dismiss Sekibo's petition, noting that the petitioner purportedly wrote a letter, instead of filing a motion, to the tribunal.
"All authorities say motion should be filed and not a letter, so for this reason, we are saying that the tribunal no longer has the jurisdiction to further entertain the petition and pray that the petition be dismissed," he argued.
Justice Wambai explained that where two parties filed a petition, as petitioners, the Electoral Act and the Evidence Act provide that the parties file separate affidavits if they wish to withdraw their petition, noting that the withdrawal sought by the petitioners shows that there was no agreement between the two parties in the matter.
Counsel to ACN, Golden Tamuno, filed a motion for withdrawal of a petition filed by Sekibo on June 29, instead of applying for pre-hearing notice.
The tribunal, therefore, observed that rules laid down in the law for withdrawal of petition by petitioners were lacking in the application, adding that the tribunal lacks powers to uphold the withdrawal application, as it failed to meet with the rules of the law.
In Kwara, Olawepo, in a statement yesterday, said PDP and its agents' alleged beating up of the ACN members at the venue of the tribunal would not deter the party from pursuing its case to its logical conclusion.
But in a swift reaction, PDP secretary in the state, Mr. Yemi Afolayan described the statement as "fabricated, untrue and dangerous," insisting that there was no record of any violent act at the venue of the tribunal.
He explained that what happened was a deliberate attempt by some security personnel at the premises to prevent many people from entering the court premises due to its smal size.
The Guardian