The Anambra State Election Petition Tribunal, led by Justice Ishaq Bello, will, on Friday, decide whether or not to strike out paragraphs of a motion by the Independent National Electoral Commission (INEC), Chief Willie Obiano and the All Progressives Grand Alliance (APGA).
Last week, INEC’s counsel Ahmed Raji urged the tribunal to strike out some paragraphs in their motion.
Senator Chris Ngige’s lawyers Mr. Rotimi Akeredolu and Chief Emeka Ngige were given time by the tribunal to reply to the application yesterday.
At the resumed sitting, Emeka Ngige urged the tribunal to dismiss the application by INEC.
His grounds were; whether the paragraphs are pre-election matters and whether the issue of the voter register was also a pre-election matter.
Also, whether the documents pleaded with the schedule of the polling stations, electoral wards and local governments could be described as vague.
Another ground is whether the background facts by the REC as duly pleaded were pre-election matters or unrelated grounds to the petition and whether a casual reference to a polling unit in a paragraph should result in the entire paragraph being struck out.
According to him, “we are inviting you my lords in considering the grounds of the petition and see see that none of the paragraphs attacked in the petition merits the relief to be struck out.”
Emeka Ngige argued that election was not what happened on election day, rather a process as described by the Supreme Court in one of its judgments.
Akeredolu, replying to Obiano’s application, described the motion as incompetent, adding that it did not indicate under what order it was brought.
“Paragraphs 14A, B, C, D, E, F, among others, do not exist in our petition as claimed by the respondents, which they have asked to be struck out. My lords will see that what we have in the address are 14(i), (ii), (iii), (iv) and 4(A), among others, and not what they claimed.
“The paragraphs they want struck out deal with the voter register. The case of Mimiko and Akeredolu settled the matter in this instance.”
Michael Lanor, who replied to the APGA application, said a court could not grant a relief not sought, adding that what the respondents were seeking did not exist.
On whether Obiano was qualified to contest the election abnitio, Lanor said it was only the tribunal that had the right to determine it and whether INEC had the power to postpone an election without any reason.
Counsel to Obiano, Ken Mozie, said parties were bound by their pleadings, especially where they complained about the particulars of the voter register.
Chief Adegboyega Awomolo said it was the nature and character of pleadings in a petition that would determine whether the issue of voter register was a pre-election or post-election matter.
Today, the trbunal will rule on some of the motions raised by Dr. Chike Obidigbo and APGA against Chief Willie Obiano and APGA .
Ruling will also be delivered on the other matter involving Tony Nwoye, INEC and others where INEC was seeking to strike out some paragraphs of the petition.
Counsel to Nwoye, D.C. DeNwigwe, argued last week that the petitioner would suffer if certain paragraphs were struck out. He said the time was not appropriate for such.
The tribunal also ruled that Chief A.O. Ajana, counsel to the Peoples Democratic Party (PDP), would reply to an affidavit served him by INEC and other parties in the case.
Only two of the judges, Justice Bello and Justice Akinniyi, sat during yesterday’s sitting.
The governorship candidate of the All Progressives Congress (APC), Senator Ngige, was at the tribunal for the first time, while Obiano was absent.
