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Tribunal adjourns further hearing to Saturday, December 21
From Tony Osauzo, Benin
The All Progressives Congress (APC) has urged the Edo Governorship Election Petitions Tribunal to dismiss the petition filed by the Peoples Democratic Party (PDP) challenging the victory of Governor Monday Okpebholo.
During a pre-hearing sitting in Benin, the APC’s Counsel, Ferdinand Orbih, SAN, described the PDP’s petition as incompetent. Orbih argued before the three-man panel that the petition was not filed in accordance with the law and, therefore, the tribunal lacked jurisdiction to entertain it.
He stated that further grounds for dismissal were outlined in a motion paper dated November 30, supported by a seven-paragraph affidavit.
However, the PDP’s Counsel, Ken Mozia, SAN, countered the argument and urged the tribunal to dismiss the motion. Mozia explained that the petitioners had filed a reply and a counter-affidavit to challenge the APC’s claims.
The tribunal’s chairman, Justice Wilfred Kpochi, reserved ruling on the motion until the final judgment day.
In a separate motion, the APC requested the tribunal to strike out specific paragraphs in the petition filed by the PDP and its candidate in the election, Dr Asue Ighodalo. Orbih urged the tribunal to rule on this motion before the commencement of the main hearing.
In response, Mozia opposed the application and called for its dismissal, citing a lack of merit. Justice Kpochi ruled that all preliminary motions would be decided alongside the final judgment.
Earlier, the PDP had moved four separate motions to expunge certain paragraphs in the replies of the Independent National Electoral Commission (INEC), the APC, and Governor Okpebholo to its petition.
The tribunal adjourned the case to Saturday for the parties to file a common proposal to guide the tribunal during the hearing.
The PDP is challenging INEC’s declaration of Okpebholo as the winner of the September 21 election. INEC reported that Okpebholo polled 291,667 votes, defeating the PDP’s Ighodalo with 247,274 votes and the Labour Party’s Olumide Akpata, who garnered 22,763 votes.