Tag: Airhiavbere

  • Edo: Airhiavbere gets ultimatum to open case

    Edo: Airhiavbere gets ultimatum to open case

    Edo State Governorship Election Petitions Tribunal has given Major-General Charles Airhiavbere till Friday to open his case for hearing.

    Airhiavbere, who was the candidate of the Peoples Democratic Party in the July 14 governorship election in Edo State, is challenging the victory of Governor Adams Oshiomhole in the poll.

    At the commencement of hearing of the matter on Wednesday, lead Counsel to Airhiavbere, Efe Akpofure said they could not start their case because of refusal by the Independent National Electoral Commission to give them certified true copies of registered voters as ordered by the tribunal.

    Akpofure said they intend to use the documents to prove malpractices during the conduct of the election.

    He urged the tribunal to make compelling order, directing INEC to produce the said documents and demanded for an adjournment to get the relevant documents.

    Counsel to INEC, Robert Emukpero informed the tribunal that INEC has given the said documents to the petitioner since October.

    He said Akpofure did not complain about non-receipt of the document when they met at the Court of Appeal.

    Counsel to Governor Oshiomhole, Adeniyi Akintola said the petitioner has no reason not to start his case because the petitioner’s pleadings cut across 51 units in five local government areas of the state.

    He said witnesses could be called from the available documents while they wait for other documents.

    Akintola submitted that most of the petitioners’ dispositions have nothing to do with voters’ register.

    Chairman of the tribunal, Justice Muazu Pindigi, told the petitioner and INEC to sort themselves out in the interest of justice.

     

  • Airhiavbere loses bid to call more witnesses

    Airhiavbere loses bid to call more witnesses

    THE Edo State Governorship Election Petitions Tribunal yesterday rejected the application of the candidate of the Peoples Democratic Party (PDP) in the July 14 governorship election.

    Maj.-Gen. Charles Airhiavbere of the PDP is seeking to present more witnesses.

    Ruling on the application filed by Airhiavbere’s counsel, Efe Akpofure, the tribunal said calling witnesses on the issue of qualification was no longer tenable because of its ruling on September 27.

    Chairman of the tribunal Justice Ambrusa Suleiman said the petitioner should bring witnesses but not those of the PDP, because the PDP has been struck out as a party in the suit.

    Justice Suleiman said the witnesses should be on the issue of electoral malpractices and not on qualification.

    Ruling on Governor Adams Oshiomhole’s application seeking the dismissal of Airhiavbere’s petition, Justice Ambrusa granted parts of the application and struck out other parts.

    Yesterday’s ruling brought the pre-trial conference of the tribunal to an end and one issue was agreed on for determination by the tribunal.

    The issue is “whether the petitioner’s allegation that the election was marred by corrrupt practices and non-compliance with the Electoral Act 2010 ought to be sustained as regards evidence adduced in the remaining paragraphs of the petition and the surviving relief.”

    The case was adjourned till October 23 for trial.

     

  • Tribunal orders INEC to release Edo election materials

    Tribunal orders INEC to release Edo election materials

    The Election Petition Tribunal in Edo on Friday ordered the Independent National Electoral Commission to immediately release the certified copies of the voters’ register to the Peoples Democratic Party’s candidate in the July 14 governorship election in the state, Charles Airhiavbere.

    The News Agency of Nigeria reports that Airhiavbere had filed a petition challenging the victory of Governor Adams Oshiomhole in the election.

    Listed as co-defendants in the petition were Action Congress of Nigeria, INEC, the Edo Resident Electoral Commissioner and INEC Returning Officer.

    The petitioner, among other allegations, is claiming that INEC did not conduct the election in compliance with the provisions of the Electoral Act 2012 (as amended) and that the elections in certain parts of the state were marred with irregularities.

    Airhiavbere, through his counsel, Mr. Sunday Aguinede, brought a motion on notice, asking the tribunal to compel INEC to provide the certified true copies of the 2012 voters’ register, to enable him to prove his case.

    Delivering the ruling, the Chairman, Justice Suleman Ambrusa, said that INEC was statutorily bound by the provision of the electoral act as amended, to provide the documents to the petitioner.

    “We have looked at the application and the accompanying affidavit and we are of the view that the contentious issue is the respondent applicant asking the respondent defendant to supply it with the documents applied for.

    “Section 77(1) of the Electoral Act mandates the respondent defendant seven days to provide to the asking party the required documents provided the party pays the prescribed fees.

    “We are of the view that the respondent defendant is already in breach of the law and yet expects to benefit from the same law.

    “Its excuse of pressure arising from the volume of work is not tenable at all, “the panel chairman ruled.