Tribunal dismisses motion to stop Obi’s swearing in

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The Governorship Election Petition Tribunal in Awka on Monday dismissed a motion for an injunction to restrain the swearing in of Governor Peter Obi, winner of the February 6 election in Anambra. It held that the facts deposed in the application by the petitioner of Hope Democratic Party (HDP), Mike Okoye, did not warrant issuance of an injunction in its entirety.   

In its ruling, the tribunal, led by Justice Pius Damulak, struck out a motion for discontinuance by Okoye on the grounds that the motion had been argued by parties in the matter. Okoye had informed the tribunal that based on an understanding between the parties involved in the matter and the larger interest of the state, he was discontinuing the application.   

Counsel to INEC, Jude Nnodum and counsel to APGA, Akirika Okoli, in their submissions, said that they had received the notice of a motion for discontinuance but left the matter to the discretion of the tribunal. Damulak concurred with counsel to Obi, Theophine Oguji that Okoye ought to have sought the leave of the tribunal under the Federal High Court Rule of 2009 for discontinuance.   

In the ruling read by Justice P. O. Ige, the tribunal also concurred with the submissions of Onyechi Ikpeazu (SAN), counsel to Obi, that the prayers of Okoye were a completed act. Ikpeazu had argued that a Certificate of Return had already being issued to Obi by INEC and urged the tribunal not to restrain a completed act.   The SAN also cited Sections 191 (2) of the constitution as the only basis where a speaker could perform the functions of the governor, arguing that granting Okoye's application would amount to changing the country's constitution.   

While dismissing the application restraining Obi's swearing in on March 17, the tribunal also held that Okoye's cited cases were not helpful in the matter and noted that its ruling was unanimous. Responding to the ruling, Okoye said that "in the spirit of harmony, we may consider to leave the matter to rest in the interest of the people of the state."   

Reacting to the ruling, special adviser to Obi on parks and markets, Sylvester Nwobualor, expressed confidence in the tribunal and the judiciary in general.   Nwobualor appealed to other aggrieved contestants at the governorship election in the state who had filed various petitions at the tribunal to accept defeat, and work with Obi for the development of the state.

Source: Tribunal dismisses motion to stop Obi's swearing in

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