The Governorship Election Petitions Tribunal, sitting in Makurdi, the Benue State capital, has reserved judgment in the petition by Peoples Democratic Party’s (PDP’s) candidate in the April 11 election, Prince Terhemen Tarzoor, challenging the declaration of the All Progressives Congress (APC) candidate, Samuel Ortom, as winner of the poll.
The tribunal reached the decision after the parties adopted the final written addresses and argued the preliminary objection by Ortom, APC and the Independent National Electoral Commission (INEC), the first, second and third respondents.
Chief Niyi Akintola (SAN), who led a team of lawyers for the first respondent, urged the tribunal to dismiss the petitioner’s case because “it is incompetent”.
The eminent lawyer averred that Tarzoor’s petition was not signed by a legal representative.
He described Tarzoor as a meddlesome interloper in APC’s affairs because he was not an aspirant on the party’s platform but only relied on hearsay to conclude that Ortom was not a member of the APC and was not sponsored by the party.
Akintola said the petitioner failed to prove his case, adding that there was no countable relief before the tribunal that was grantable in the matter.
The lawyer urged the tribunal to dismiss same because the petition lacked merit, was frivolous and abandoned.
In moving his motion on notice, which sought the dismissal of the petition, APC’s lead counsel, Sabastine Hon, averred that the petitioner was caught by the principle of Res Judicata (a matter already adjudicated by a competent court and may, therefore, may not be pursued by the same parties) and the reason for the preliminary objection.
Hon said it was a settled law that what affects a political party affects its candidate.
The eminent lawyer noted that since the PDP’s suit at the Federal High Court in Makurdi Judicial Division, which was questioning the qualification of Ortom to contest the election was struck out, Tarzoor, a candidate of the PDP, could not return with the same reliefs before the tribunal.
He cited the case of Okorocha v PDP, decided by the Supreme Court, 2014 7NWLR Part 1406 P. 213, particularly at P. 262, wherein the apex court held that candidates and political parties are inseparable.
Addressing the tribunal on the substantive petition, Hon submitted that first principal witness (PW1) called by the petitioner, irreparably destroyed the case when he admitted that INEC, the only eyewitness to APC congress, left a day before the final day of the rescheduled APC governorship congress held last December.
The lawyer said the avalanche evidence before the tribunal showed that APC conducted its congress on December 11.
He added that since Tarzoor was not and is not a member of the APC and did not contest governorship election on the platform of the APC, he lacked the locu standi to invoke the provisions of the Electoral Act.
Hon urged the tribunal to dismiss the petition.
Counsel to INEC, Prof Tony Ijohor, urged the court to dismiss the petition.
The law expert argued that since the petitioner was not praying for a fresh election and had not contested the result of the poll, his petition was incompetent.
He said the tribunal lacked the jurisdiction to grant the reliefs the petitioner was sought therein.
According to him, there are no facts to support grounds two and three of the petition, hence the petitioner cannot seek solace under the canopy of severance of pleadings without a formal application.
Prof Ijohor cited Gundiri v Nyako, 2NWLR Part 1931 P. 211 at 284 and 285, decided by the Supreme Court.
The law expert urged the court to invoke the presumption regularity with respect to the nomination of Ortom by virtue of sections 167 and 168 of the Evidence Ac.
He urged the tribunal to dismiss the petition and hold that Ortom is a member of the APC, sponsored by the party and returned winner, having scored majority of lawful votes in the April 11 poll.
But Tarzoor’s lawyers, led by Adebayo Adenipekun, submitted that the petitioner never took action against the first respondent.
Adenipekun said it was a settled law that the appropriate place to ventilate the issue of qualification is the election petitions tribunal.
The lawyer said the first respondent was not sponsored by the APC and was not a member of the party at the time of the election.
He said the APC did not hold a valid governorship primary, adding that the court should allow his petition.
The tribunal’s chairman Justice Elizabeth Karatu reserved judgment to a date to be communicated to the parties.
