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From Scholastica Onyeka, Makurdi
The Vice Chairman, House Committee on Media and Publicity, Chief Philip Agbese, has urged the National and State Assembly election Petitions Tribunal sitting in Makurdi, to dismiss the petition filed by Aida Nath of the Peoples Democratic Party, (PDP), challenging his victory in the February 25th, 2023 election.
Agbese stated this on Friday, through his counsel, Adetunji Oso while adopting his final written address.
Aida and PDP are challenging the victory of Agbese as the member representing Ado//Okpokwu Ogbadibo Federal Constituency of Benue State on the ground of non- compliance with the provisions of the Electoral Act, 2022.
The petitioner allege that Aida Nath was excluded from the election by the Independent National Electoral Commission, (INEC), as it was the name of Francis Otta Agbo that appeared as the candidate of the PDP on the list of candidates for the election, as despite the Supreme Court affirming Aida as the candidate of the PDP.
Oso submitted that the name of Aida was initially published by the electoral umpire until an internal squabble in her party led to the judgement of Court of Appeal that later recognized another person as the candidate of the party before the judgement of the Supreme Court.
He submitted that what the petitioners are complaining of in their petition is an irregularity and the petitioners have not cited any authority that says omission of a candidate’s name can invalidate an election.
Agbese’s counsel reminded the Tribunal under cross examination, saying Aida admitted that she voted for her party in the election.
Oso drew the attention of the tribunal to the position of the supreme court in Abubakar vs Yar’adua (2008) wherein the Apex Court held that the party cannot be separated from the candidate.
He asked “if the PDP had won the election, would the petitioners have come to the tribunal?
Oso urged the tribunal to dismiss the petition for been unmeritorious and an academic exercise.
Counsel to the APC Vincent Da’agba while adopting his written address also urged the tribunal to dismiss the petition with cost as the petition is frivolous an d lacking in merit.
Emmanuella Tijah who held the brief of Abduljabar Aliyu also adopted the final written address of the electoral umpire as their argument and submission in the matter.
Counsel to the petitioner, Kenneth Ikonne while adopting his final written address urged the tribunal to grant the reliefs sought by the petitioners.
The Chairman of the Tribunal, Justice Amina Aliyu adjourned the matter for judgement on a date to be communicated to parties in the petition.
