From Paul Osuyi, Asaba
The Delta State Governorship Election Petition Tribunal sitting in Asaba on Thursday struck out the petition filed by the governorship candidate of the Labour Party, Mr Kennedy Pela, for abandonment.
The three-member tribunal chaired by Justice CH Ahuchaogu held that the petition was incompetent and a flagrant violation of Paragraph 18 Sub-Section 1 of the 4th Schedule to the Electoral Act, 2022.
In petition EPT/DL/GOV/01/23, Mr Pela challenged the outcome of the March 18, 2023 governorship election, seeking leave of the tribunal to upturn the declaration of Sheriff Oborevwori of the People’s Democratic Party (PDP) as the winner of the polls.
The Independent National Electoral Commission (INEC) was joined in the petition as 1st respondent while Oborevwori and his deputy, Monday Onyeme were 2nd and 3rd respondents respectively with PDP 4th respondent.
Also joined as respondents were the candidate of the All Progressive Congress (APC), Ovie Omo-Agege, his running mate, Friday Osanebi, and the APC.
Lead Counsel to the 2nd and 3rd respondents, Damian Dodo ( SAN) had argued in an earlier application that Labour Party’s petition had been abandoned.
He argued the petitioner failed to avail itself of the seven-day window to apply for pre-hearing notice.
According to Dodo, the petitioner also failed to apply for another pre-hearing notice effectively rendering his petition abandoned.
Dodo said the petitioner applied for pre-hearing notice on 19th May before the close of pleadings and as such the petition was premature and incompetent.
In his ruling, Justice Ahuchaogu held that “the petition is incompetent and was issued in flagrant violation of Paragraph 18 Sub-Section 1 of the 4th Schedule to the Electoral Act, 2022.
“We resolve this application in favour of the 2nd and 3rd applicants. There is merit in the application, seeking to dismiss this petition and accordingly, petition EPT/DL/GOV/01/2023 is hereby dismissed.”
In his immediate reaction, Mr Pela rejected the judgment, saying that he was heading to the Appeal Court.