The legal teams of the All Progressives Congress (APC) yesterday urged the Governorship Election Petition Tribunal sitting in Asaba to nullify the result of the exercise. However, Dr. Okowa of Peoples Democratic Party (PDP) insisted that the petition challenging his return as winner of the poll is incompetent.
After the parties adopted their written addresses at the resumed hearing on Tuesday, the tribunal reserved judgment in the petition challenging the declaration of Dr. Okowa of Peoples Democratic Party (PDP) as winner of the April 11 election by the Independent National Electoral Commission (INEC). Chairman of the three-man tribunal, Justice Nasir Gunmi stated that the date of the judgment, which must be before October 28, would be communicated to the parties by the secretary of the tribunal.
In Petition Nos. EPT/DT/GOV/32/2015 and EPT/DT/GOV/23/2015 filed by Olorogun Emerhor and APC, the petitioners asked the tribunal to nullify the election on the grounds of non-compliance with relevant provisions of the Electoral Act, 2010 (as amended). Counsel to Governor Okowa (the 1st respondent), Alex Iziyon (SAN); PDP (the 2nd respondent), Timothy Kehinde (SAN) and INEC (the 3rd respondent), Damian Dodo (SAN) urged the tribunal to dismiss the petitions with substantial costs against the petitioners. The respondents’ counsel adopted and relied on their written addresses, replies on the points of law as well as different notices of preliminary objection to the competence of the petition. They urged the tribunal to strike out the petitions, stating that they lacked merit. The petitioners, however, anchored their respective cases on compulsory use of card readers for accreditation of voters, arguing that they had been able to prove their allegations of over-voting and irregularities during the election. Emerhor and PDP urged the tribunal to nullify the election and order a re-run. Adopting and relying on his written addresses, counsel to Emerhor and APC, Chief Thompson Okpoko (SAN) contended that section 153 of the Electoral Act conferred the power on INEC to make regulations for the conduct of elections.
“In exercise of this power, INEC issued guidelines and issued press release informing Nigerians that card reader will be used. And section 155 of the same act states that any rule or guideline made by INEC remains valid if a court of competent jurisdiction did not set it aside. The card reader has a place in law, and I urge the tribunal to uphold the petition,” Okpoko submitted.