Imo guber: Tribunal dismisses Ihedioha’s petition

The governorship election petition tribunal sitting in Owerri, the Imo State capital, has dismissed the petition filed by the Peoples Democratic Party’s (PDP) governorship candidate in the state, Chief Emeka Ihedioha, challenging the victory of Governor Rochas Okorocha in the last governorship election.

Delivering the judgment, the chairman of the tribunal, Justice David Wyom, dismissed the petition on the grounds that the petitioner abandoned his petition having failed to pay for the pre-hearing notice within the seven days stipulated in paragraph 18 (1) of the rule guiding election petition proceedings.

Justice Wyom went ahead to state that the petitioner applied on June 23 but, however, failed to make payment for the pre-hearing notice until July 3 which is outside the seven days provided by law and on the strength of the Supreme Court authority on this issue, the validity of the process starts from when the pre-hearing notice payment was made and not when it was applied which in turn means the petitioner paid out of time but applied within time.

Fee for the pre-hearing notice is N100.

Counsel to Governor Okorocha and the All Progressives Congress (APC), Adeniyi Akintola (SAN), had moved a motion for the tribunal to dismiss Chief Emeka Ihedioha’s petition on the grounds that they have abandoned their petition having paid outside of the stipulated time.

On his part, the counsel to Hon. Emeka Ihedioha, Chief Mike Ahamba (SAN), described the ruling as an embarrassment.

In a related development, hearing on the National Assembly Election Petitions Tribunal sitting in Ilorin, the Kwara State capital, between Senate President Bukola Saraki of the All Progressives Congress (APC) and his Peoples Democratic Party’s (PDP) challenger in the March 28 elections, Alhaji Abdulrahman Abdulrazaq, began Wednesday.

Alhaji Abdulrazaq is challenging the declaration of Saraki as the senator representing Kwara Central.

The petitioner came with one witness, Mallam Oloyin Abdullateef Adebayo, who is also the private personal assistant to the PDP senatorial candidate.

The witness, who was led in evidence by the petitioner’s counsel, Mr. John Obumse, was cross-examined by all the respondents’ counsel.

Obumse informed the tribunal that he had an application dated June 17, which was filed on June 29, 2015 and thus sought for adjournment based on three grounds.

First, he said that the date print out of card reader to be collected at the Independent National Election Commission (INEC) headquarters, Abuja, meant to be used for the purpose of the petition was yet to be obtained.

Also, he said that Mallam Adebayo was the only witness in court and no one else.

The petitioner’s counsel also sought adjournment to move the application, while the respondents’ counsel did not object the motion.

The chairman of the tribunal, Justice Joshua Majebi, therefore, adjourned the matter till Friday, July 31, 2015 for continuation of hearing of the petition and the hearing of the application filed by the petitioners, saying that the court would sit like a normal day on the adjourned date.