Election Tribunal Dismisses APP Petition Against Obiano
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Loading ...By Nedum Noble
The Anambra Elections Tribunal sitting in Awka, on Monday struck out the petition of African Peoples Party (APP) challenging the victory of the state governor, Willie Obiano in the November 18, 2017 election.
The APP had petitioned the tribunal against governor Obiano, who contested and won the election on the platform of the All Progressives Grand Alliance (APGA), as well as the Independent National Electoral Commission (INEC) first second and third respondents for non compliance to Electoral Act.
The Counsel to Obiano, Onyechi Ikpeazu (SAN), argued that the petitioner had not shown enough commitment to pursue the matter, having applied for the pre-hearing notice within the stipulated period.
Ikpeazu asked the tribunal to strike out the petition since the electoral act did not provide for extension of time within which the application should be made.
His position was supported by Patrick Ikweto (SAN) and C.O. Ngoka lead counsels to second and third respondents respectively, who argued that the petitioner had abandoned the matter because they had no case.
Counsel to the petitioner, Nnamdi Okere, who attempted to announce his appearance as soon as he stepped into the court when the ruling was being written, was halted by the chairman of the Tribunal, Justice H.A. Olusiyi to avoid distraction.
Olusiyi said he should wait to allow the tribunal write the ruling on what had been heard but assured that he would be allowed to speak even when it was against the norm.
Efforts by Okere to be heard before he was called up caused altercation between him and Ikweto who accused him of unprofessional conduct.
When he was eventually allowed to speak, Okere said his client had not abandoned his case and it should not be struck since they were in court.
The counsel said he applied for pre-hearing notice in handwriting on Jan.15 but could not provide the receipt or his own copy of the form.
Okere begged prayed the court to produce the application as it should be in their record or allow him two hours to produce his copy, a prayer he later commuted to application for adjournment.
In a swift reaction, Mr Surajo Gusau secretary of the tribunal said he had no such letter in his file nor issued receipt to that effect as the law required.
Surajo produced the receipt booklet and informed the court that Okere’s claim was not true.
In his ruling, Olusiyi dismissed the application that the ruling be stood down adding that the petitioner had not met the requirement to activate the proper hearing of the case.
He said there was no iota of truth in the claim that the petitioner applied for pre-hearing notice and even there was it was done out of time going by the date the petitioner claimed.
He said the matter was struck out as abandoned.
