The Edo State Election Petitions Tribunal has warned that the final written addresses by lawyers in the suit filed by the Peoples Democratic Party (PDP) and its governorship candidate, Pastor Osagie Ize-Iyamu, must not exceed 40 pages.
Ize-Iyamu is praying the tribunal to declare him winner of the September 28 election. Godwin Obaseki of the All Progressives Congress (APC) was declared winner.
The tribunal held that all preliminary objections and motions “on the competence of the petition or some paragraphs thereof shall be taken alongside the main petition”.
Chairman of the three-man tribunal, Justice Ahmed Badamasi, gave the warning while reading the pre-hearing report.
The judge said five issues had been formulated for determination when hearing begins on January 11, 2017.
He said: “Whether having regard to Section 31(1) of the Electoral Act, 2010, as amended, and Paragraph 4 (1) of the First Schedule thereto, the person who purports to be the first petitioner along with the second petitioner in the instant petition is different in law from the person sponsored as candidate of the second petitioner at the Edo State governorship election held on September 28, 2016, thereby rendering the petition incompetent and liable to be dismissed/struck out, as prayed in the second respondent’s/applicant’s motion dated November 29, 2016.
“Whether paragraphs two to 30 of the petitioners’ reply to the third respondent’s reply as well as the witness’ statements on oath attached thereto are not incompetent and liable to be struck out.
“Whether or not having claimed any relief based on corrupt practices, the petitioners had not abandoned all allegations of corrupt practices made in the petition.
“Whether or not the election of the second respondent was invalid by reason of corrupt practices in some units and wards being challenged in the petition where the issue(s) of corrupt practices made in the petition are/were specifically pleaded in the petition and, if so, whether the votes credited to the second respondent in such units and wards are not liable to be invalidated and discounted.”
