The Court of Appeal in Benin, the Edo State capital, has dismissed the appeals separately filed by Delta State Governor Ifeanyi Okowa and his party, the Peoples Democratic Party (PDP) against the earlier rulings of the Governorship Election Petition Tribunal sitting in Asaba, the Delta State capital.
The tribunal in Asaba, chaired by Justice Nasiru Gumi, had ruled on June 30 that all preliminary objections raised in the course of dealing with the petitions should be heard along with the main petition.
Okowa and the PDP appealed the ruling.
But the Appeal Court, headed by Justice I. M. M. Saulawa, dismissed the cases for lack of merit and for being a mere academic exercise.
The court awarded a N50,000 fine against each of the appellants.
The judge adopted the issues for determination, which Okowa raised and summarised them thus:
- “Whether the chairman, sitting with other members of the tribunal in delivering the ruling, was not acting contrary to Paragraph 27(1) of the First Schedule, which provides that only the chairman sitting alone should entertain interlocutory matters; and
- “Whether the tribunal was right in holding that the preliminary objections should be taken alongside with the hearing of the petition.”
Okowa also urged the court to hear the preliminary objections, conferred on it by Section 15 of the Court of Appeal Act.
The court upheld the first and second respondents’/petitioners’ contention that Paragraph 27(1) “does not confer jurisdiction on the tribunal”, and that “the First Schedule of the Electoral Act is a mere rule of procedures and a breach of it does not raise jurisdictional issue”.
The court also held that jurisdiction is conferred by the constitution, adding that the constitution provides for the quorum of the tribunal to be the chairman and two other members.
“Thus, Paragraph 27(1) is ultra vires the provision of Section 285 (4) of the Constitution and is declared void. This issue was resolved against the appellant,” the court said.
On the second issue, the court upheld the petitioners’ submission that Paragraph 12(5) is clear that objections brought to dismiss the petition should be held with the hearing of the substantive petition.
The court held that this was a necessary provision to meet with the constitutional requirement of 180 days within which the tribunal should hear and deliver judgment in an election petition.
The issue was resolved against the appellants.
On whether or not the court should exercise its powers, conferred on it under Section 15 of the Court of Appeal Act to hear the preliminary objections, it held that there was no basis for the Appeal Court to assume jurisdiction to hear the preliminary objections, more so when the hearing of the petition had not begun.
The appeal was dismissed as lacking merit with N50,000 cost against Okowa and the PDP.
In delivering judgment on the PDP appeal, the court held that the issues raised were similar to the sister appeal.
The court held that the appeal had become a mere academic exercise and was accordingly struck out.