Jime/Ortom:  PDP kicks as Court of Appeal panel relocates to Abuja

 Godwin Tsa, Abuja

The Benue State Chapter of the  Peoples Democratic Party (PDP) has protested the decision to relocate the delivery of judgment of the Court of Appeal panel on the appeal by the All Progressive Congress (APC) and it’s candidate, Emmanuel Jime challenging the decision of the State Governorship Election Tribunal to uphold the election of Governor Samuel Ortom from Makurdi to Abuja.

The Appeal Court panel is scheduled to give it’s judgment today (Thursday).

Jime and the APC are contesting the unanimous judgment of the tribunal which dismissed their appeal for lacking in merit.

The petitioners had queried  Ortom’s  victory  on the grounds that the election of March 9 and the supplementary election on March 23 were marred by irregularities and failed to comply with the Electoral Act 2010 as amended.

The petitioners also alleged that Ortom was not duly elected by lawful votes as Jime and the APC scored the highest number of valid votes and should be declared winner, or in the alternative, INEC be made to conduct a fresh election.

Governor Ortom, through his counsel, Chief Sabastine (SAN) stated that the election was conducted in substantial compliance with the Electoral Act adding that non substantial compliance did not affect the result of the election.

He also said even if deductions of votes are made as pleaded by the petitioners, the margin of lead was high and as such the petition should be struck out.

During the hearing of the petition, Jime called 59 witnesses, Ortom called one, while INEC did not call any witness.

The tribunal’s Chairman, Justice Henry Olusiyi, in his judgment  held that the petitioner’s witness statements were contradictory, unreliable and not credible.

Justice Olusiyi also frowned at the inability of witnesses to identify documents and link them to the case which amounted to dumping materials on the tribunal.

The judge also held that the petitioners failed to prove allegation of over voting, noting that voters’ register and not the smart card reader remains the valid method to ascertain the number of registered voters in an election.

In their notice of appeal filed by their lead counsel, Yusuf Ali (SAN), the appellants argued that the tribunal erred in law and that there was a miscarriage of Justice in  dismissing their petition.

The three respondents, Governor Ortom, the PDP, and INEC in their separate briefs of arguments urged the appellate court to dismiss the appeal and affirm the judgment of the tribunal.