Governorship candidate of the Peoples Democratic Party in the 2016 governorship election in Edo State, Pastor Osagie Ize-Iyamu, has celebrated his 55th birthday with persons living with physical challenges.
Pastor Ize-Iyamu provided free medical screening for about 267 disabled persons.
The event held at the premises of the Salvation Army Rehabilitation Centre for the physically challenged in Benin City. It featured free medical checkup.
The Peoples Democratic Party in Edo State and its governorship candidate, Pastor Osagie Ize-Iyamu have declared their decision to head for the Supreme Court against the Court of Appeal judgment upholding the election of Edo State governor, Godwin Obaseki.
Ize-Iyamu told newsmen after the Court of Appeal verdict that certain issues raised at the tribunal were yet to be addressed.
He said: “Until one is actually able to lay hands on the judgment and read, that is when one can make a fair comment.
“All we know is that our appeal and the cross appeal were dismissed. But the reasons are not known.
“By the time we lay hands on it, we will meet with our lawyers and our party leaders and take a decision.
“There were fundamental issues we raised against the tribunal’s judgment.
“There are things it said that we believe cannot stand the test of time.
“We are not bound to depend only on corrupt practices to prove our point. Non-compliance is a ground in the Electoral Act, and we depended on it.”
State Chairman of the PDP, Chief Dan Orbih, said nothing would stop the party from appealing against the appellate court’s judgment.
His words: “I was in court and we were waiting anxiously to hear their verdict, but what we got was a very brief statement saying that they had dismissed the appeal. They did not give the reasons for their judgement.
“But on the strength of our case to the Appeal Court, I believe that there is nothing that will stop us from going to the Supreme Court? to see that justice is done in this case.”
The Court of Appeal sitting in Benin City will today deliver its judgment on the appeal filed by the People’s Democratic Party (PDP) and Pastor Osagie Ize-Iyamu against the judgment of the lower tribunal.
Governor Godwin Obaseki and the All Progressive Congress (APC) filed a cross appeal over a ruling of the tribunal refusing to strike out some paragraphs in the petition and to invalidate the order by the tribunal for the inconclusive recount of ballot papers used during the election.
Pastor Ize-Iyamu filed 41 grounds of appeal against the tribunal judgment while Obaseki filed four grounds of cross appeal.
The three-man tribunal panel led by Justice Ahmed Badamasi upheld the election of Obaseki by throwing out the petition of Pastor Ize-Iyamu.
Part of Pastor Ize-Iyamu grounds of appeal was for the appellate court to hold that the tribunal judges erred and truncated their (appellants) right to fair hearing by the unequal treatment given to the cases of the parties, “by first finding fault, discrediting, disbelieving and dismissing their petition before considering at all and reviewing the testimonies of the witnesses of the respondents and, thus, occasioning a miscarriage of justice.”
They told the Court of Appeal that the tribunal also erred in law and truncated their right to fair hearing where, in consideration of their case, it failed “totally” to consider and make any pronouncement on the issue concerning, “whether the second respondent was duly elected by the majority of lawful votes cast” in the election “and if not, whether the first petitioner (Ize-Iyamu) is not entitled to be returned as the Governor of Edo State.”
The Court of Appeal sitting in Benin City, Edo State, on Tuesday reserved judgment in an appeal filed by the Peoples Democratic Party (PDP) candidate in the state governorship election, Pastor Osagie Ize-Iyamu and his party, challenging the verdict of the state governorship election petitions tribunal which upheld the All Progressive Congress (APC) candidate, Godwin Obaseki’s victory in the election.
The five-man appeal panel headed by Justice M.B Dongban-Mensem reserved judgment indefinitely after listening to the arguments of all the Senior Advocates of Nigeria (SAN) in the matter.
Ize-Iyamu and the PDP had through their lawyer, Yusuf Ali (SAN), filed an appeal against the judgment of the tribunal presided over by Justice Ahmed Badamasi, which gave judgment in favour of the Independent National Electoral Commission (INEC), Obaseki and the APC last Month.
Earlier, the panel which has Justices S. Tom Yakub, M.O. Bolaji-Yusuf, U.A. Ogakwu and Mohammed Mustapha as members, unanimously dismissed a Motion on Notice brought by Ize-Iyamu pursuant to Order 6 Rule 1, Court of Appeal Rules, 2016, and Section 36(1) of the Constitution for the correctiom/amendment of the trial court’s record of his evidence-in-chief.
He prayed for a leave of court to rely and use the evidence of the first appellant as recorded by Justice Gilbert Ngele (Member 1) of the trial tribunal instead of that of the Tribunal’s chairman.
The appellant also sought an order deeming the record of his evidence by Justice Ngele, made on January 30, as the correct record of his evidence-in-chief at the lower court.
The Peoples Democratic Party (PDP) and its governorship candidate in last September 28 governorship election, Pastor Osagie Ize-Iyamu, have filed a 41-ground of appeal against the judgment of the lower tribunal.
Chairman of the three-man tribunal, Justice Ahmed Badamasi, had thrown out PDP’s and Ize-Iyamu’s petition for failing to support their pleadings with evidence as well as abandoning some pleadings in their petition.
Justice Badamasi, who upheld the election of Governor Godwin Obaseki, ruled that many witnesses called by the petitioners were discredited during cross-examination because they allegedly gave hearsay evidence.
Respondents in the appeal are: the Independent National Electoral Commission (INEC), Mr Godwin Noghehgase Obaseki and the All Progressives Congress (APC).
Among reliefs sought by the appellants is an order setting aside the decision of the tribunal and an order nullifying the return of the second respondent while declaring the first appellant validly elected.
The appellants said the judges of the tribunal misdirected themselves and truncated their right to fair hearing by the “unequal treatment” allegedly given to the cases of the parties.
They said the tribunal first found fault, discredited disbelieved and dismissed the petition of the appellants before considering and reviewing the testimonies of the witnesses of the respondents.
The appellants insisted this caused a miscarriage of justice against them.
They said the tribunal erred in law when it held that the testimonies of their witnesses from Akoko-Edo, Egor, Etsako Central, Etsako East, Orhionmwon, Ikpoba- Okha, Oredo, Igueben, Uhunmwode, Ovia South West, Ovia North East, Owan East, Owan West, Esan West and Etsako West local government areas, who were called to support the allegations, were unreliable.
The appellants said the tribunal erred when it held that the testimonies of their witnesses were hearsay and that they were discredited under cross-examination, when this was not true legally and factually.
The appellants said the tribunal misdirected itself and caused a miscarriage of justice against them when it held that the testimony of PW 1, (first appellant) was hearsay evidence and that he did not give evidence on the exhibits tendered before the tribunal, when a proper and dispassionate consideration of his testimony showed he gave evidence that was believable, cogent and demonstrated the exhibits tendered before the tribunal.
They contended that the trial tribunal erred in law by holding that the Manual for the Election Officials, 2016, was merely an administrative document and that Exhibit 2RO64 and IRO22(1) had abolished the ticking for accreditation on the voters’ register.
The appellants said the tribunal erred in law by disregarding the report of ballot papers recount ordered by it when legally and factually it was prevented from doing so.
The petitioners averred that the tribunal erred in law by holding that mere tendering of some documents by the first respondent was enough to exculpate the first respondent from calling or adducing evidence and that the first respondent did not abandon its defence which is contrary to be position of the law.
No date has been fixed for the hearing of the appeal.
Some days back, the Oba of Benin spoke. He sparsely does. Oba Ewuare 11 gave a fatherly advice to a subject, Pastor Osagie Ize-Iyamu: do not appeal last Friday’s decision of the three-man Election Petitions Tribunal led by Justice Ahmed Badamasi, which dismissed your case against Governor Godwin Obaseki.
The Oba’s position is not a surprise. As the Crown Prince of Benin, after Obaseki was declared winner, he put a closure on the election. It is won and lost and he is happy with the outcome, he told the then outgoing Governor Adams Oshiomhole.
The then Oba-in-waiting spoke when Oshiomhole, his wife Iara, Obaseki and leaders of the All Progressives Congress (APC), visited him at his palace.
Prince Erediauwa said: “I thank God and our ancestors for hearing the fervent prayers before the election, and for bringing out somebody that will uplift our people and respect the tradition. I will tell the governor-elect, keep to your promises, keep your words, put food on the table of our people, respect the traditional institution and ensure you build on what Oshiomhole has done.
“The passion and respect Oshiomhole has for our tradition is number one. Oshiomhole is today a Benin son of the palace. He is one governor who has catapulted the image of the Oba of Benin and our tradition to the highest level. Oshiomhole is a different type of governor and we urge Obaseki to emulate him.”
Ize-Iyamu was the People’s Democratic Party (PDP) candidate in the September 28, 2016 Edo governorship poll. In the tribunal judges’ wisdom, Ize-Iyamu and the PDP lacked credible evidence to prove their case. The tribunal thus upheld the election of Governor Godwin Obaseki.
Ize-Iyamu and his party are going on appeal. They have made that abundantly clear and they believe verily that the “journey ahead would be shorter”. It is also their belief that “God will vindicate us in the long run”.
Like Ize-Iyamu and his party, I support their move to appeal. But my reason is not the same as theirs. Here is my reason: If Ize-Iyamu and the PDP do not go to the Court of Appeal, so many people will be losing a lot of money. The court will lose filing fees; the lawyers will lose professional fees; and the Federal Government will lose Value Added Tax and Company Income Tax, which the law firms that will be involved in the legal tussle will pay next year.
Elections disputes do not come cheap. Senior Advocates of Nigeria (SANs) are always involved. They do not come cheap. They gather their associates too. At times, forensic experts are also deployed. So, stopping the tussle now will be injurious to the finances of these guys and their firms. No, please do not stop. This is a matter that must be pursued to the Supreme Court.
I will also advise that more SANs and other lawyers be engaged by Ize-Iyamu and the PDP. The number used at the tribunal was not enough. They were overworked and that perhaps gave room for lapses, which the tribunal capitalised on to dismiss the case.
After the verdict was given, a mischievous fellow, hiding under the guise of an analyst, said Ize-Iyamu should not have bothered to approach the court at all. He said the pastor and his party should have known that given the Supreme Court judgments on the 2015 governorship tussles, there was no way he could prove anything. The enemy in analyst garb added that what the Supreme Court did was to tell politicians to ensure they were not rigged out and that once they were rigged out, they should mourn their losses and not burn their money on litigations.
Do I share this mischievous guy’s position? Certainly no. That others were not lucky does not mean Ize-Iyamu will not be. More so, many people stand to lose a lot of cash if this battle ends now. This is not the time to end the bitter battle, which started even before the party primaries.
The campaigns were raw and rough. Though there were several candidates, it was clear to the discerning that the race was two-horse. And the duo wasted no time on other candidates. Obaseki abused no other candidate except Ize-Iyamu, who also wasted no time trading insults with any other person than the man credited with being the egg-head behind the Adam Oshiomhole’s economic blueprint.
History was thrown in the boxing ring. We were reminded that Obaseki’s great grand-father betrayed the Oba of Benin— and by extension the Benin kingodm— when he accepted to be the sole administrator of the kingdom after the British invasion. So, Edo people were stylishly told that someone from such lineage should not be supported to rule Edo. At a point, a film by Lancelot Oduwa-Imasuen on the history of Benin kingdom was even circulated to show to the people that the so-called act of betrayal was not the figment of anyone’s imagination.
The exciting Edo race saw Africa’s richest man, Alhaji Aliko Dangote, being literally punched. Those who did that believe he backed Obaseki; they asked him to leave Edo alone. They said they did not want a governor who would be hopping in and out of Dangote’s private jet.
Ize-Iyamu told us Obaseki was a “typical green horn”, who should be rejected because Oshiomhole could easily manipulate him. He described Osho baba as a Pseudo Comrade, whose candidate should be rejected for subjecting the people to untold hardship. He also described Obaseki as Oshiomhole’s puppet.
Edo PDP chairman Chief Dan Orbih told us Oshiomhole spent N11.6 million to “buy drinks” for President Muhammadu Buhari; he wondered how Buhari, a Muslim, could be bought alcohol.
The insults were not one-sided. We were told Ize-Iyamu served in the administration of Chief Lucky Igbinedion and was part of the rot of that era. We were told that Ize-Iyamu was a cultist in his days at the University of Benin (UNIBEN). His membership of the Pyrate Confraternity, co-founded by the respected Prof Wole Soyinka, who by the way is a great friend of Oshiomhole, was interpreted to mean he was a member of a dreaded secret cult.
His explanation that Pyrate or Seadogs was not (and is still not) a secret cult, as it was well-known to the authorities of the universities where it operated, did not stop his traducers from continuing to repeat the allegation. To buttress their point, they referred to the fact that he was expelled from UNIBEN at some point after an acid attack on a student. He gave his explanations, but still the allegation kept being thrown in the mix.
Aside the cultism issue, we were told that Ize-Iyamu had answers to give to the Economic and Financial Crimes Commission (EFCC) about some financial malfeasance.
It was just one raw and rough race, which has literally not ended and should not end now for the sake of those who need it to be above recession.
My final take: On the Ize-Iyamu/Obaseki saga, if bitterness be the way to ensure lawyers and associated professionals get cash to meet their needs, pay taxes to government and do much more, let the battle go up to the Supreme Court. After then, we all can rest and leave the matter to God.
The Peoples Democratic Party (PDP) and its governorship candidate in Edo State, Pastor Osagie Ize-Iyamu, have rejected the ruling of the Election Petitions Tribunal, which upheld the election of Governor Godwin Obaseki.
Ize-Iyamu described the judgment dismissing his petition as porous and one that cannot stand at the higher courts.
Addressing PDP elders, leaders and party supporters at his campaign office , Ize-Iyamu described the judgment as unacceptable.
He expressed gratitude to his supporters who he said thronged the tribunal venue without any form of compensation, assuring them that the journey ahead would be shorter.
He said: “From the snippets I heard of the tribunal judgment, it cannot stand in the higher courts. This case must be pursued up to the Supreme Court.
“I want to thank God that we have all been able to reach this part of the journey.
“What gladdens my heart is that God will vindicate us in the long run.
“Don’t be dismayed. We are still hoping for your support.
“I urge you all to be calm and refrain from being provoked into violence.
“Even if they push you, laugh.”
State chairman of the PDP, Chief Dan Orbih, said the party planned to appeal the tribunal’s ruling.
“I want to tell you that we have just started the journey as a party. I have no doubt that we are fighting a just cause,” he said.
Commending elders, leaders and supporters of the party across the state for their show of solidarity, he said: “The mandate that was freely given to us by Edo people, we have a duty to retrieve it. The party will go on appeal.
“We have told our lawyers to appeal the judgment.
“The issues we raised in the petition were not addressed by the tribunal.
“I appeal to Edo people to remain calm but resolute in our bid to reclaim the mandate given to Pastor Osagie Ize-Iyamu.”
WHILE reading the papers, I came across a story insinuating that Donald Trump may be working for the Chinese and not the Russians, as everyone seems to think. The report read: “The big story everyone is chasing at the international scene is whether President Donald Trump is a Russian stooge. Wrong. That is all a smoke screen. Trump is actually a Chinese agent. He is clearly out to make China great again”. Then it occurred to me, just before the Election Petition Tribunal sitting in Edo State over the September 28th, 2016 governorship polls terminated the voyage embarked upon by one of the known owners of the name Pastor Ize-Iyamu has the trappings of labour that may end up benefitting the labourer’s rival. I call it the cuckoo job. The idea of the cuckoo job is borne out of how Cuckoos go and plant their eggs in other birds’ (take a pigeon for instance) nests and let the other birds hatch the cuckoo eggs, which will eventually grow bigger than the other birds and kick them out. It is a dirty job, but that is the law of the jungle.
The smarter ones outwit the gullible ones and even when the unwise ones think they are working for themselves, the real big guns come out and brush them outside. The cuckoo job may be playing out in Nigeria now, and the funny thing is that it should not have been a cuckoo job, but the pigeons here are the ones that, unasked, undertook this cuckoo job. Ize-Iyamu is of the People’s Democratic Party (PDP). Like Trump, he may not know, but he may have been working for his rival, Mr. Matthew Iduoriyekemwen, the candidate of the National Chairman of the PDP, Alhaji Ali Modu Sheriff. He is of a faction of the PDP that is losing the battle at the national level and if the PDP conflict is settled properly, it will turn out that Mr Iduoriyekemwen is the real PDP candidate for the Edo election. There was even a crisis as to which faction should present the candidate for the party.
Ize-Iyamu, with his party, challenged the Independent National Electoral Commission (INEC) for declaring Godwin Obaseki of All Progressives Congress (APC) as winner of the governorship election but the matter has been resolved in favour of APC and Governor Godwin Obaseki. According to the tribunal, Obaseki emerged winner after he polled more than 319,483 votes to defeat Mr. Ize- Iyamu, his closest rival, who scored over 250,000 votes, a result the PDP candidate claimed was greatly influenced by rigging and other such unjust things. Getting some of the defendants before the Justice Ahmed Badamasi-led three-member tribunal sitting in Benin was not an easy task for the petitioners, as stories abound of how the Tribunal summons had to be served by hanging them on gates and fences, as the known offices and homes of the defendants had been abandoned. Ize-Iyamu and his party have not found it funny, as they have no doubt expended resources, financial and otherwise to prove their case.
Many witnesses have been called to testify, and truckloads of electoral materials were inspected. Still, they lost. After fighting another man’s battle. According to Pastor Ize-Iyamu’s prayers, he was asking the Tribunal to declare him winner of the election and expel Mr Obaseki from the seat of governance. Therefore, if he slumbers at night and dreams, he should have it at the back of his mind that a potential nightmare he may have is that after this initial fumble, he would take his petition to the Court of Appeal, and then the PDP may just emerge the ruling party in Edo State. However, in this black dream, a victory for the party at the Tribunal would not necessarily mean Dan Orbih and Ize-Iyamu have won the war. In fact, their battles would have only just begun.
The crisis in his party would throw up another round of contest to determine the real owner of the secured votes. It would be a fine conundrum for both Orbih and Ize- Iyamu, who, it was reported, were comically asked to stand up to mutually recognise each other at the court. The faction of the party led by Senator Ahmed Makarfi nominated Ize-Iyamu. Another faction, led by the National Chairman of the party, Senator Ali Modu Sheriff, nominated Matthew Iduoriyekwemwen. The latter faction seems to be the legitimately recognised faction, going by the internal battle raging in the PDP. As things presently stand, Sen Sheriff is the authentic national chairman of the party. On February 17, 2017, an Appeal Court sitting in Port-Harcourt ruled that Sen. Sheriff is the legitimate chairman of the party. A threeman panel of justices delivered the judgment. The lead Judge, B. A. Sanga, in his judgment, said that due process was not followed in the decision by the PDP convention to dissolve the Sherrif-led chairmanship and should be disregarded. Unsatisfied with the judgement, the Makarfi faction has appealed to the Supreme Court.
The apex court is yet to fix a date to rule on the appeal. A number of organs in the party are earnestly waiting for that ruling to know the next step for the party. Now, what fate befalls Ize-Iyamu if the apex court rules in favour of Sheriff? And if he decides to go to the appeal court, he may have to contend with Iduoriyekwemwen, who may come after him to claim the PDP votes in the September 28, 2016 governorship election in the state. From previous petitions and judicial proclamations, the courts have hitherto ruled that the votes in any election belong to the party, and not the individual per say, hence Iduoriyekwemwen may be tempted to claim the party’s votes. However, since this is a nightmare, it may never play out. We should deduce therefore that if PDP and Pastor Ize-Iyamu pursue this matter any further, then they are fighting it on behalf of the Sheriff faction of the PDP. The only other explanation is that, like the pigeon, he has not studied the issues or connected the dots between them. •Oviosun is Lagos-based public affairs analyst
Youths and elders in Edo State took to the streets of Benin City on Friday to celebrate the ruling of the Edo State Election Petitions Tribunal which affirmed the victory of Governor Godwin Obaseki in the September 28, 2016 governorship election in the state.
The youths, who joined the victory rally at various junction, sang solidarity songs to celebrate the tribunal’s ruling.
Governor Obaseki joined the victory walk and music was provided.
Delivering ruling in the petition filed by Pastor Osagie Ize-Iyamu and the Peoples Democratic Party (PDP), the Chairman of the tribunal, Justice Ahmed Badamasi, upheld the election of Governor Obaseki.
The petitioners had in the petition asked the tribunal to rule that Governor Obaseki was not duly elected by lawful votes cast and to declare Pastor Ize-Iyamu as winner of the election for scoring the highest number of lawful votes cast.
In the alternative, the petitioners sought an order that the governorship election be nullified and a fresh election ordered.
Pastor Ize-Iyamu, in the petition, challenged results in 2, 627 polling units in 16 out 18 local government areas in the state.
Issues outlined by the tribunal for determination were, “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 1st petitioner along with the 2nd petitioner in the instant petition is different in law from the person sponsored as candidate of the 2nd petitioner at the Edo State governorship election held on 28, September 2016, thereby rendering the petition incompetent and liable to be dismissed/struck out as prayed in the 2nd respondent/applicant’s motion dated 29, November 2016.
“Whether paragraph 2,3,4,5,6,7,8,9,10,11,12,13,14,15,16,17,18,19,20,21,22,23,24,25,26,27,28,29 and 30 of the petitioners’ reply to the 3rd respondent’s reply as well as the witness statements on oath attached thereto are not incompetent and liable to be struck out?
“Whether not having claimed any relief based on corrupt practices, the petitioners had not abandoned all allegations of corrupt practices made in the petition.
“Whether the election of the 2nd 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 was/were specifically pleaded in the petition and if so, whether the votes credited to the 2nd respondent in such units and wards are not liable to be invalidated and discounted?
“Whether on the state of the pleadings and evidence led, the petitioners have established that there was substantial non-compliance with the provisions of the Electoral Act which has substantially affected the Edo State Governorship Election held on 28, September 2016 to warrant an order nullifying the election and for a fresh election to be considered?”
However, before considering ruling on each of the issues for determination, Justice Ahmed dismissed all the motions filed by both the petitioners and the respondents which sought to strike out certain paragraphs in the petition and various replies.
On the motion filed by the third respondents on the deletion of some paragraphs in the petition, the panel said it was premature to consider removing the paragraphs based on technicalities.
Earthquakes are never delightful to their victims, and People’s Democratic Party (PDP) may soon be the latest witness to this tragic truth. I do not refer here to that natural phenomenon caused by tectonic plates’ interactions with one another. I refer to major events that have the potential to spell doom and cause certain unhappiness to those involved in them.
For getting its hopes too high and wheedling itself into believing it actually won the Edo election of September 26, 2016, PDP will soon enough have to survive or expire in an earthquake. The disaster will affect its foundations, not exempting its somewhat doubtful candidate in the election, Pastor Osagie Ize-Iyamu or if you like, Pastor Andrew Ize-Iyamu.
After losing without much chivalry, the party filed a petition challenging the declaration of Governor Godwin Obaseki at the Election Petition Tribunal. Onyebuchi Ikpeazu, Wole Olanipekun and Lateef Fagbemi, all Senior Advocates of Nigeria (SAN) and Counsels to the INEC, Obaseki, and All Progressives Congress – the first, second and third respondents respectively, detonated the nuclear weapons that vivified this earthquake.
While arguments had been flying back and forth with legal severity, Fagbemi lit the fuse when he told the three-man tribunal led by Justice Ahmed Badamasi that assuming the prayers of the petitioners were considered, the odds still favoured Godwin Obaseki, the APC candidate. He whipped, and soundly so, the petitioners’ arguments that they had conducted a mysterious ballot recount and had drawn implausible tables illustrating their findings, to wit, that they won the election and should accordingly be declared winners.
A baffled Fagbemi wondered in what sense this recount occurred for it was not in the full glare and ken of the general public that it happened.
He said: “They did not tell us which one belongs to which, but they have now come out to tell us that they have given us the figures. Assuming your Lordships are even prepared to take their figures, we still have won by as much as 58,696 votes, and you can find that in paragraph 7.1 (2) of our reply”.
He continued that even if the tribunal humoured their orphic figures, the 58,696 practical and proven votes by which the APC led the election results would still have heartily put PDP’s arguments to the sword.
To prove PDP’s petition as a stillborn idea further, he cited the case of Oyewole and Akande submitting that unless a document was tendered as exhibit, the tribunal could not make use of it.
Another case he cited was that of Wasa and Kara where the Supreme Court took the position that the document must be an exhibit tendered in the case, rounding off that the petitioners had not even disputed the spread, which was an important factor in the proceedings.
Meanwhile, the petitioners, perhaps overwhelmed by the analysis, sensing the failure of their petition and its attendant arguments, resorted to fallacious tactics and eschewing their petition in favour of an argument that the 1st respondent did not call evidence.
Ikpeazu, a learned fellow ready to battle on all fronts, explicitly argued that the electoral body was not obliged to call evidence. He accompanied the argument with a citation of the case of Alhaji Adamu Maina Waziri versus Alhaji Ibrahim Gaidam and four others. The deployed citation was fresh from the oven, being a judgement delivered on February 16, 2016.
Meanwhile, after Fagbemi had further decimated the petitioners’ tactics, Olanipekun referred the tribunal to paragraph 4.6, page 9 of the respondents’ reply where they cited the case of Ucha and Elechi, and explained that they could not draw charts of their own volition and impose them on the court.
The petitioners, not happy at the barrage of counter-arguments, weakly protested that the allegations were directed against INEC, so only INEC could reply.
Olanipekun displayed no tolerance for this argument and asked why the petitioners joined all three respondents. He cited the case of Omisore and Aregbesola where the court called it trite law, noting that non-calling of evidence by INEC did not affect the case adversely in any way.
By cross-examining the witnesses of the petitioner, he argued, the 1st respondent had given evidence and the witnesses of the respondents and appellants were evidence for the court.
The petitioners, in their petition, said the PDP candidate was Pastor Osagie Ize-Iyamu. The PDP candidate that appeared before the court and who co-wrote the petition was a man named Pastor Andrew Ize-Iyamu. Naturally, the respondents did not recognise him and voiced this.
In defence, the petitioners’ counsel asked Chief Dan Orbih, chairman of a faction of Edo State PDP, to stand up to identify the 1st petitioner – the man named Andrew.
Olanipekun cited a Supreme Court ruling that ‘Wild Gold Jewellery Limited’ is different from ‘Wild Gold Jewellery’ and that ‘Incorporated Gospel Holy Apostolic Church’ is different from Incorporated Holy Gospel Church’.
These severe arguments against the petition of PDP and one of the two Ize-Iyamu(s) not only killed the spirit of the PDP supporters, it meted incalculable damage on the psyche of the man, Andrew.
His countenance was that of a weary, browbeaten man and not even the comical “10 commandments” of Mallam Yusuf Alli (SAN) could instil life and hope to PDP after the adoption of their addresses.
Analysts predict: a Godwin Obaseki victory would further crash the already haemorrhaging party and put its remains to rest.
In any case, and according to Olanipekun, “All is well that ends well. We leave the rest for your Lordships to compute. We want to appreciate the maturity of the tribunal.”
•Mayaki is interim Chief Press Secretary to Edo governor.