Delta State Governorship Election Petition Tribunal sitting in Asaba, on Monday, reserved judgment on the petition by Mr. Ken Pela the candidate of the Labour Party, challenging the declaration of Governor Sheriff Oborevwori of the Peoples Democratic Party, as winner of the March 18, 2023, gubernatorial election in the state.
The petition has INEC as first respondent, Oborevwori as second respondent, his deputy, Sir Monday Onyeme as third respondent and the PDP as fourth respondent.
The tribunal headed by Justice C.H. Ahuchaogu reserved the judgment to a later date after counsels to the respective parties adopted their final written addresses.
Counsel to the petitioners, Mathias Emeribe, in adopting his final written address dated and filed on September 21, urged the tribunal to allow the petition hinged on three grounds of qualification of the second and third respondents, non-compliance in the conduct of the March 18 2023 election, and majority of lawful votes cast.
Counsel to the first respondent, A.T. Kehinde, in adopting his final written address dated and filed on September 18, claimed that the petition should be summarily dismissed with cost, on the ground that the processes filed by the petitioners were not in consonance with the Practice Direction.
Meanwhile, counsel to the second and third respondents, Samson Egege who also relied on his final written address, prayed the tribunal to strike out the petition with substantial cost.
Egege maintained that the petitioners hinged their allegation of non-qualification of the second respondent on forged documents submitted to the first respondent in forms F001 and EC9.
“On the qualification of the third respondent, the petitioners in their evidence did not indicate what position he held as contained in their deposition. The resignation tendered by the respondent was out of abundance.
“On the allegation of non-compliance, in addition to their pleadings, the Petitioners’ Witness (PW11) admitted that the allegation is hinged on the alleged failure of INEC to upload results to IReV.
“The second admission by the same witness is that the result sheet which the petitioners tendered contained the same figures as declared by the first respondent.
“We therefore submit that in both pleadings and evidence adduced, the petition lacks substance, it is frivolous and unmeritorious and goes against settled principles of law in both the Court of Appeal and the Supreme Court,” Egege submitted.
However, Counsel to the fourth respondent, Ekeme Owhovoriole, said the petition was patently lacking in merit and urged the tribunal to throw out the petition.
