The Delta State Governorship Election Petition Tribunal has adjourned pre-hearing conference of the petition brought before it by the gubernatorial candidate of the All Progressives Congress, APC, Senator Ovie Omo-Agege challenging the declaration of Governor Sheriff Oborevwori as winner of the March 18 gubernatorial election, to June 5, 2023.
At the pre-trial hearing, Samson Egege who held the brief of Damian Dodo, SAN, the counsel of Governor Sheriff Oborevwori (2nd Respondent) of the Peoples Democratic Party, PDP, argued that grounds one and two of the petitioner’s petition were incompetent and prayed the tribunal to strike out Delta APC gubernatorial candidate, Chief Ovie Omo-Agege’s petition.
While praying the tribunal to strike out the case, Damian said facts in support of grounds one and two were lumped together when they were supposed to have been pleaded separately.
He said “Ground one of the petition which complained about corrupt practices and non compliance; the facts in support of that ground are at variance with the ground itself, because none of the pleadings under ground one relates to corrupt practices.
“Secondly, the facts in support of corrupt practices are contained in ground two and ground two relates to majorly unlawful votes, so you cannot have facts in support of corrupt practices and criminality under the ground of majority unlawful votes. So, ground two is also at variance with the facts.
“The ground of corrupt practices or non compliance, cannot in any circumstance, be lumped under one ground.”
Counsel to the petitioner, Dr. Alex Izinyon, SAN, in his submission, said they did not lump any ground together, noting that every ground was distinct and separate.
Reiterating that the petition did not run foul of the law, he noted that the fact in one ground could support the other.
The three-man tribunal headed by Justice C.H. Ahuchaogu, adjourned the session for continuation after hearing arguments by counsels to the parties.
