Ogboru set to appeal
IT was victory for Delta State Governor, Emmanuel Uduaghan, over his Democratic People's Party (DPP) opponent, Chief Great Ogboru, as the re-run election petition tribunal in Asaba yesterday declared him winner of the re-run governorship polls held in the state on January 6.
In the judgment, which lasted over three hours, Justice Doris Ogwurike held that contrary to the allegation by Ogboru, election did hold in Warri North, Warri South, Warri South-West, Ethiope West, Isoko South, Patani and Burutu local councils in accordance with the provision of the Amended 2006 Electoral Act.
Going by the result of the January 6 re-run election, Uduaghan had polled 275,253 out of the 450,736 total votes cast to defeat Ogboru who scored 138,244.
According to her, the burden of proof is on Ogboru and his party to prove that there was no election in the contested councils and not Uduaghan and PDP but unfortunately he did it poorly.
In the unanimous judgment, she dismissed Ogboru's petition, which among other things, alleged that there was no record of electoral materials, accreditation, ballot papers not being stamped and result sheets missing. She ruled that Uduaghan did score not only the highest number of lawful votes but "one-third of the votes in two-thirds of the 25 local councils of Delta State."
The tribunal chairman dismissed Ogboru's petition, insisting that "the re-run election was conducted by the Independent National Electoral Commission (INEC) with substantial compliance with provisions of the Electoral Act 2010 and the 1999 Constitution. That the petitioners are not entitled to any of the reliefs sought. That the petitioner did not poll the highest number of lawful votes."
The victory was marred by violence and echoes of gunshots as rampaging youths attacked people in the Umuezei neighbourhood of the state capital.
Justice Ogwurike had hardly finished dismissing Ogboru's petition than suspected thugs trooped out and attempted to vandalise the headquarters of the opposition party close to the court located on Nnebisi Road.
The youths who were apparently ecstatic were repulsed by a group of rival thugs who quickly mobilised in self-defence. In the ensuing melee, several cars were vandalised and innocent passersby manhandled and robbed by the hoodlums.
Sporadic gunshots were heard in the area as policemen moved in to restore law and order, but the Police Public Relations Officer, Mr. Charles Muka, denied knowledge of the situation.
While the Commissioner of Information, Mr. Chike Ogeah lauded the verdict, saying it was a proof of democracy in action and victory for the rule of law, the state DPP Chairman, Chief Tony Ezeagwu, declared that his party would appeal the judgment in Benin.
Ogboru's counsel, Mr. Mogbeyi Sagay (SAN), said he "will go home and study it. We must go on appeal. There is no doubt about that. We are not satisfied with the judgment."
At the tribunal, last Thursday, Olanipekun formally drew the court's attention to the July 20 judgment of the Federal High Court, Asaba which ruled that Ogboru was not validly nominated for the re-run.
Citing legal authorities, he said the petitioner did not have the locus standi to institute the action by virtue of Section 137 (1) A of the Electoral Act.
He referred the tribunal to Rosspa against ACB Limited, 1993 NWLR, part 312, page 382, particularly at 435, 471, 472, adding that by virtue of Section 74 (3) of the Evidence Act , the court was enjoined to take judicial notice of the judgment.
Sagay, counsel to Ogboru, contended that the judgments of Justice Buba and others, which the first respondent's counsel asked the court to rely on, were not pleaded and not before the court, and so should not be relied upon by the tribunal in arriving at its judgment.
He submitted that the Federal High Court judgment on the validity of Ogboru's nomination for the re-run poll was not conclusive, as an appeal and motion for stay of execution were already pending on the matter to the knowledge of the respondents. He cited legal authorities to buttress his arguments.
Counsel to the PDP, Adenipekun, who aligned himself with the submission of Olanipekun that Ogboru was not a lawful candidate for the re-run poll, as had been resolved by Justice Buba, said the three-man governorship re-run tribunal was wrongly constituted and disqualified from entertaining the petition.
The Guardian