By Amos Igbebe
Delta State Governorship Election Petition Tribunal sitting in Asaba Wednesday dismissed an application filed by the All Progressive Congress (APC) and its candidate, Olorogun O’tega Emerhor seeking the leave of the tribunal to call additional witnesses.
In a ruling after considering the supporting affidavit and submissions of counsels to the parties, the three-member tribunal headed by Justice Nasir Gunmi refused the application on the ground that it lacked merit.
According to the tribunal, the petitioner applicants failed to show exceptional circumstance as required by law if additional witnesses must be called, noting that if the application was granted, it would amount to amending the petition.
The tribunal averred that the application arose as a result of the review of the petition exercise conducted by the petitioners last month.
“For them to be granted the leave to call additional witnesses, they must show exceptional circumstances. The reason adduced by the petitioner applicants to call additional witnesses arose as a result of the review of the petition.
“A review of the petition means that they were trying to upgrade the petition when the respondents have all filed their replies to the petition and the applicants have also responded to the replies of the respondents.
“There is no averment in the application attempting to suggest that the additional witnesses they intend to call if the application is granted were incapacitated or were unavailable immediately after the election which is presumed that they fully participated in,” the tribunal held.
Justice Gunmi stated that the petitioner applicants failed to adduce sufficient reason for the tribunal to deviate from the provisions of Paragraph 45 of the First Schedule of the Electoral Act, as amended, and accordingly resolved issues raised against the applicants.
“Finally, we are of the view that the issues raised are resolved against the petitioner applicants. This motion is therefore, unmeritorious, and same is not only refused, it is consequently dismissed,” he ruled.
