Tribunal dismissed application by Omo-Agege to recount ballot papers
The Delta State governorship election petition tribunal sitting in Asaba on Tuesday, dismissed an application for a recount of ballot papers used for the March 18 poll which were tendered before it in evidence.
Counsel to the gubernatorial candidate of the All Progressives Congress (APC), Senator Ovie Omo-Agege, Dr Alex Izinyon, SAN, had in an oral application, said the ballot papers were already admitted in evidence and marked as exhibits.
Izinyon urged the tribunal to grant the application, asking that the ballot papers should be recounted in the interest of justice.
Counsel to the first respondent, the Independent National Electoral Commission, INEC, Prof. Joe Abugu said the commission stood by the results and figures in the declaration of the second respondent, Governor Sheriff Oborevwori as the winner of the election.
He, however, noted that the commission would respect the decision of the tribunal whether or not the ballot papers should be recounted.
Damian Dodo (SAN), counsel for Governor Oborevwori, however, objected to the application, saying that a case for the recount of the ballot papers by the petitioner has not been made out.
He, argued that anyone dissatisfied with the results of the poll must first apply for a recount at the polling unit. He noted that nothing from pages 1-102 of the petition showed that the petitioner demanded a recount at any of the 1,333 polling units in question.
On his part, counsel to the third respondent, the Peoples Democratic Party (PDP), Ekeme Ohwovoriole, SAN, described the application as unmeritorious and adopted in its entirety, the submission of the counsel for the second respondent.
The three-man tribunal panel chaired by Justice C.O. Ahuchaogu, in its ruling, said such discretion cannot be done in an oral application.
“There is no merit in this oral application for a recount and it is hereby dismissed,” Ahuchaogu said.
