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From Tony Osauzo; Ighomuaye Lucky, Benin
The National/State Assembly Election Petitions Tribunal sitting in Benin, yesterday, upheld INEC’s declaration of Prof Ihonvbere Onozuanvbo Julius, of the All Progressives Congress (APC) as the winner of the February 25 House of Representatives election to represent Owan Federal Constituency in the lower chamber of the National Assembly.
The Tribunal in a unanimous decision, dismissed the petition filed by Jimoh Iruokhaime ljegbai and the People’s Democratic Party (PDP), challenging Ihonvbere’s election.
It also agreed with the submission of the lead lawyer to Ihonvbere, Mr West Idahosa, SAN, that Ojeiu’s petition failed and ought to be dismissed with punitive cost and granted the prayer of West Idahosa against the petitioners.
Ojeiu and the PDP are 1st and 2nd petitioners in the petition marked EPT/ED/HR/03/2023.
Counsel to the 1st Petitioners, Rasak Isenalume, Esq, while reacting shortly after the judgment, told journalists that “As lawyers, our duty is to present the case as it is and back it up with relevant laws.
“So, it is for the tribunal to decide you, know we cannot change the law. All sides must have their positions and we canvassed ours eloquently. But the tribunal has come with its decision.
“Well, like I told the tribunal, we will await further instructions from our clients as there is a further step to go.
“Most of these cases we are citing today, they were cases done at the tribunal and reversed at the Court of Appeal and affirmed by the Supreme Court.”
On his part, Counsel to Prof Julius Ihonvbere, 2nd Respondent, Famous Osawaru, who held brief for West Idahosa, SAN, described the judgement as master class, meticulously written, articulately delivered and a victory for the people of Owan Federal Constituency.
He said the tribunal dismissed the petition following the inability of the petitioners to prove the issues of over voting as alleged in their petition, adding “They could not proved the elements to establish over voting in the election.”
Reacting to the judgment, Counsel to the 1st respondent (APC), Victor Asumwan, Esq., said: “We are glad with the judgment and it is a reaffirmation of the decision of the electorate in Owan East and West Constituency when they voted massively for APC.
“The tribunal has affirmed the position of the law that for one to prove over voting, there are certain requirements of the law you must meet.
“The petitioners obviously woefully failed to meet those provisions,” he said.
