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Tag: Delta tribunal

  • Delta tribunal receives 51 petitions

    The Delta State Election Petitions Tribunal has received 51 petitions arising from the National Assembly, Governorship and House of Assembly elections.

    The tribunal secretary, Ahmed Gusau, who addressed reporters yesterday, said one petition was filed by Great Ogboru of the All Progressives Congress (APC) against Governor Ifeanyi Okowa.

    Four petitions were filed for the senatorial election – two against Senator James Manager of the Peoples Democratic Party (PDP), one against Senator Ovie Omo-Agege of the APC and one against Senator Peter Nwaoboshi.

    Gusau added that nine petitions were filed for the House of Representatives election, while 37 were filed for House of Assembly candidates against winners of the election.

  • Delta Tribunal upholds Okowa’s election

    Delta Tribunal upholds Okowa’s election

    The Governorship election tribunal sitting in Delta state has upheld the election of Dr. Ifeanyi Okowa of the Peoples Democratic Party (PDP).

    The tribunal also dismissed petition filed by the Labour Party and its governorship candidate, Chief Great Ogboru.

    Details later…

  • Delta tribunal quashes Okowa’s, others’ applications

    Delta tribunal quashes Okowa’s, others’ applications

    The Chairman of Delta State Governorship Election Petitions Tribunal, Justice Nasri Gunmi, yesterday quashed an application by the three respondents opposed to the admissibility of election documents

    tendered by the Independent National Electoral Commission (INEC).

    Joined in the suit are: Delta State Governor Ifeanyi Okowa (first respondent); the Peoples Democratic Party (PDP) (second respondent); INEC (third respondent); Resident Electoral Commissioner (REC)the fifth respondent and Collation Officer, the fifth respondent.

    At the resumed hearing yesterday, lawyer to the first to fifth respondents, Dr Alex Izinyon (SAN), Timothy Kehinde (SAN) and Damien Dodo (SAN), objected to the admissibility of two documents (witnesses’ statements on oath) tendered by Head of Information Communication Technology (ICT) at INEC’s office in Abuja.

    The tribunal had issued a subpoena, compelling INEC to tender documents used in the April 11 governorship election in Delta State.

    Okowa’s lawyer, Dr Izinyon (SAN) objected to INEC’s tendering of the witnesses’ statements on oath.

    The eminent lawyer argued that one of the documents (Exhibit P. 1) was different from what was being tendered.

    Dr Izinyon also argued that Section 104(2) of the Evidence Act provides that a witness’s statement on oath should have an engraved stamp, signature and the designation of the officer and his name superimposed on the document.

    The eminent lawyer averred that the document sought to be tendered did not have any of those marks.

    He urged the tribunal not to admit the documents.

    PDP’s counsel, Timothy Kehinde (SAN), aligned with DR Izinyon’s submission.

    The lawyer argued that Exhibit P.1 (a) was not listed and could not be tendered at that stage of the proceedings.

    He said the document was not filed with the petition and was not pleaded.

    Kehinde said the documents did not meet the requirements for certification, adding that the tribunal should “discountenance with the documents”.

    INEC’s lawyer, Dodo (SAN), also aligned with the submissions of Dr Izinyon and Kehinde.

    He said: “I wholly adopt the objections as canvassed by the first and second respondents. It is an issue of law and we are bound by the law, especially by the Supreme Court.”

    But APC’s lawyer, Thompson Okpoko (SAN) said the documents by INEC were pleaded, adding that it was stated in Paragraph 4 of the petitioner’s reply to the first respondent’s reply of the petition.

    The eminent lawyer argued that having done these, “I am at a loss as to how the respondents can claim they were taken by surprise. At the onset, we stated that we were going to rely on polling unit by polling units’ reports. We listed those documents. The object of pleadings is hereby satisfied. Both documents comply strictly with Section 104(2) of the Evidence Act.”

    On the contention that the documents ought to be frontloaded, Okpoko said: “That is not necessary, as the documents are in the custody of INEC, and INEC is a party to this suit.

    “Can we now go to our opponent to sign the witnesses’ statements on oath? We should be realistic. When the person you have subpoenaed and is to come to court to present the documents, it needs not be frontloaded or listed. I humbly submit that these documents be admitted.”

    Justice Nasiru Gunmi said: “We have examined this application on the face of the document tendered and we are satisfied that the document satisfies the requirement of Section 104 (2) of the Evidence

    Act to justify the admission of these documents. We, therefore, overrule the objection of the admission of this document.”

     

  • ‘Dead’ man gives witness at Delta tribunal

    There was drama on Wednesday at the Delta State National Assembly Election Petition Tribunal when a witness presumed to be dead showed up in court.

    Christopher Anirah was subpoenaed by the tribunal to give evidence an election petition matter between Hon. Gibson Ighofose Akporehe of the All Progressive Congress (APC) and Hon. Evelyn Omavowan Oboro of the People’s Democratic Party (PDP).

    Counsel to the APC candidate, Mr. Charles Umweni, had told the tribunal that the witness it intends to call, (Anirah) cannot come to the tribunal to testify because he was dead.

    He told the tribunal that Anirah died of cardiac attack and cannot be subpoenaed to give evidence in the ongoing case.

    But at the resumed hearing of the matter, a middle aged man who claimed to be Anirah stormed the tribunal and stepped into the witness box to give evidence when the chairman of the three-man panel, Justice Adebukole Banjoko called out the name.

    Anirah’s appearance caused a stir in the audience, prompting Justice Banjoko to call for calm.

    Akporehe of APC is challenging the election victory of Oboro in the National Assembly election held in the state.

    Joined in the suit are – the Independent National Electoral Commission (INEC), Resident Electoral Commission (REC), PDP and eight others.

    Anirah is Oboro’s star witness in the matter.

    Anirah , during a cross-  examination, by respondents counsel , Mr. Onome Egbon,  told the tribunal that  he  was the rightful candidate  of APC  for the Okpe, Sapele  and Uvwie  Federal Constituency in Delta State in the 2015 National Assembly election until his  name was ‘fraudulently substituted”  with  that of  Akporehe  on account that he (Anirah)  was dead.

    He told the tribunal that  Akporehe allegedly  forged  a death certificate  from a General Hospital  that he (Anirah)  died of cardiac failure and hypertension, with  which he  deceived  INEC to  remove his name from the list of contestants  for  the election.

    He also told the tribunal that somebody who posed as his family member was made to testify before INEC that the death rumour was true.