…We’ll Appeal Judgement – APC
BEVERLY HILLS, October 26, (THEWILL) – The three-man Election Petition Tribunal sitting in Asaba, the Delta State capital, Monday dismissed the petition of the candidate of the All Progressives Congress (APC) in the April 11 governorship election, Olorogun O’tega Emerhor challenging the election of Governor Ifeanyi Okowa.
The chairman of the tribunal, Justice Nasir Gunmi, while giving his judgement said the APC-Emerhor petition lacked merit, adding “it was bound to fail, it fails and thereby dismissed.”
The tribunal had earlier struck out the petition of the Labour Party governorship candidate, Chief Great Ogboru, who is also challenging Governor Okowa’s victory in the April 11 governorship election for lack of merit.
There was wide jubilation in Asaba, the state capital, as the Election Petition Tribunal dismissed the two petitions against the election of Okowa as governor in the April 11, 2015 election.
The judgement which was delivered amid tight security at the Multi-Indoor Courthouse, Asaba, elicited wide jubilation as PDP party faithful who thronged the premises took to the streets.
The petitions brought before the tribunal by the Labour Party governorship candidate, Great Ogboru and that of APC, O’tega Emerhor were committed to the dust bin for their failure to prove allegations of corruption and substantial breach of the Electoral Act and electoral guidelines.
The Independent National Electoral Commission (INEC) had declared Okowa of the Peoples Democratic Party (PDP) as winner having scored 724,680 votes to defeat Great Ogboru of Labour Party who polled 130,028 votes and O’tega Emerhor of the All Progressives Congress (APC) who scored 67,825 votes.
Ogboru and Emerhor had approached the three-man tribunal alleging that the election was conducted in substantial breach of the Electoral Act and guidelines for the election, as well as corrupt practices.
But in their separate judgements in the petitions delivered by Justice Nasir Gunmi, chairman of the tribunal averred that the petitioners failed to prove allegations of corrupt practices, breach of Electoral Act, over voting and manipulation of election result.
He said there was no credible evidence provided by the petitioners to support the allegations and held that the petition “is bound to fail, and has failed,” adding “ It is hereby dismissed. The petitioners are to pay cost of N50,000 each to the three set of respondents.”
In Emerhor’s petition marked EPT/DT/GOV/32/2015, the tribunal also held that the petitioners relied heavily on the use of card reader as basis for nullifying election result.
According to the tribunal, the petitioners were unable to prove that the first respondent (Okowa) was credited with alleged toxic votes.
The tribunal held that the petitioners were also unable to discharge the burden of proof placed on their shoulders by the provisions of Sections 136 and 137 of the Evidence Act.
“The petitioners having not proved the toxic votes credited to the first respondent, the issue of whether the first respondent was returned by valid votes becomes a non issue.
“The concomitance of the conclusion by the tribunal is that this petition is without merit, it is bound to fail, and it failed. It is hereby dismissed.
“It follows that the election and return of the first respondent as the duly elected governor of Delta State is affirmed. The three sets of respondent are entitled to N50,000.00 each as cost of prosecuting the petition,” the tribunal held.
Reacting to the verdict in Ogboru’s case, state chairman of Labour Party, Chief Tony Ezeagwu, said the judgement was unexpected, adding that the party will appeal it.
As at time of filing this report, members of APC in the state were about briefing the press over the outcome of the tribunal which they said would be to challenge the ruling at the Court of Appeal.
Meanwhile, Okowa has extended hands of fellowship to his opponents who challenged his victory at the April 11 governorship election, asking them to join force with him in moving the state forward.
The governor spoke at a brief church thanksgiving to celebrate the tribunal victory at Government House chaplaincy, Asaba.
