From Godwin Tsa, Abuja

BAYELSA State governorship election tribunal sitting in Abuja will today commence definite hearing of the substantive petition filed by the All Progressives Congress (APC) and its governorship candidate, Chief Timipreye Sylva challenging the election of Governor Seriake Dickson.

Proceedings yesterday suffered a temporary set back arising from noticeable discrepancies in the pagination of the petition.

Counsel to the petitioner, Sebastine Hon (SAN) however, prayed the court for adjournment to enable him correct the numbering of the pages of the petition.

The three-member panel of tribunal headed by Justice Kazeem Alogba, granted the application, which was not opposed by the respondents.

Justice Alogba agreed with the proposal by counsel to the petitioner to make photocopies of the petition and served same on justices of the panel and counsel to the respondent in uniformity.

Hon had pleaded with the tribunal not to count yesterday as part of the eight days granted the petitioners to prove his petition.

But the respondents objected the application on the grounds that the application was premature.

Chief Adegboyega Awomolo (SAN), representing Independent National Electoral Commission (INEC) urged the court not to accede to the request of the petitioner on the grounds that the request was premature.

Wole Olanipekun (SAN), who is counsel to Peoples Democratic Party (PDP), in his objection drew the attention of the tribunal to a pre-trial report wherein, the tribunal chairman gave the petitioner six to eight days within which to prove his case.

Olanipekun submitted further that the tribunal had already taken care of the exigencies that happened yesterday.

According to him,”your lordship by your ruling on the pre-trial report has build-up what happen today and thus cannot go beyond the eight days maximum given to the petitioner.”

Responding on point of law, Hon said a pre-trial report is not final as the tribunal can modify it.

He said none of the respondent has been able to show any miscarriage of justice or how they will be affected if the tribunal added a day as requested.

In a short ruling, the tribunal held that the application could not be granted because it is premature and speculated.

He said by mere fact of calling the witness alone, hearing has automatically started.