The member representing Aniocha/Oshimili constituency of Delta State in the Federal House of Representatives, Mr. Ngozi Okolie of the Labor Party (LP) has urged the National and State Houses of Assembly Election Tribunal sitting in Asaba, to dismiss the petition filed against his victory at the February 25th National Assembly election, by the former minority leader of the House, Hon. Ndudi Elumelu of the PDP.
At the formal adoption of written addresses of both parties and oral arguments canvassed by their respective counsel at the weekend, Hon Okolie argued that Hon Elumelu had abandoned the claims in his petition and as such should be dismissed.
Okolie, through his lead counsel, Chike Onyemenam, urged the tribunal to dismiss the petition on the ground that “the petitioners, Hon. Ndudi Elumelu and PDP abandoned their claims that Honourable Ngozi Okolie of the Labour Party (LP) won the election into the Aniocha/Oshimili Federal Constituency by a landslide victory by defeating Honourable Ndudi Elumelu with more than Twenty Thousand Votes.
“The petitioners also abandoned their claims that the election was rigged or was invalid and that the tribunal should declare the election null and void and order INEC to conduct a fresh Election for Aniocha/Oshimili Federal Constituency.”
Onyemenam prayed the tribunal to also dismiss the petition because “the only ground remaining in the petition is the claim by the petitioners that Hon. Ngozi Okolie was not qualified to contest the election for several reasons.
However, he further submitted that since none of the three witnesses called by the petitioners adopted a deposition or gave any oral evidence to say that Hon. Ngozi Okolie was not qualified to contest the election for any reason, the petition is deemed in law to have been abandoned.
Counsel to the 3rd Respondent (Okolie) then prayed the honourable tribunal to dismiss the entire petition because “the only ground remaining in the petition is the claim by the petitioners that Hon. Ngozi Okolie was not qualified to contest the election for several reasons.”
Counsel to Okolie further submitted that since none of the three witnesses called by the petitioners adopted a deposition or gave any oral evidence to say that Okolie was not qualified to contest the election for any reason, the petition is deemed in law to have been abandoned.
“As the Supreme Court has decided that where a Petitioner fails to field a witness to adopt his Deposition or fails to lead oral evidence in respect of the petitioner’s claims, the Petitioner is dead and cannot be revived by looking for evidence from the opponents (defendants) to revive a dead petition.
He also cited Supreme Court Judgements which established that PDP and its candidate do not have the Locus Standi or right to complain that Labour Party and its Candidate did not hold Primary Election for which the Petitioners equally did not lead any Oral evidence in respect of, save to tender Reports and Exhibits not linked to any Oral evidence or any part of the Petition.
The former minority leader, through his lead counsel Ken Mozia SAN had insisted in his address that the tribunal should grant his prayers to the effect that there were no valid primaries that brought out Ngozi Okolie for the election.
Judgement on the petition has been reserved by the three man panel led by Justice C.H Ahuchaogu to a later date to be communicated to the parties through their counsel.
