Delta Central Senatorial Bye-Election: Emerhor Moves to Withdraw Suit From Tribunal, to pursue Abuja High Court Case
Olorogun Otega Emerhor, the APC candidate in the recent Delta Central senatorial election in which the PDP candidate Chief Emmanuel Aguariavwodo was declared winner by INEC and who subsequently filed an election petition at the Tribunal at Asaba, Delta state, is set to withdraw the said petition!
In a motion on notice, filed by his lawyers, M. Ahweyevu Mukoro Esq. on his behalf and the APC, and in pursuant to paragraph 29 of the First Schedule of the Electoral Act, 2010 as amended, the petitioners adduced as grounds for the withdrawal the following;
1) That the petitioners/applicants have found out that the 1st Respondent herein, Chief Aguariavwodo, did not submit his nomination form, Form E.C. 4 (v) and Affidavit in support of Personal Particulars of persons seeking election to the office/membership of the Senate, Form C.F.0001 latest 26-09-2013 as stipulated by the 3rd Respondent (INEC) in the Timetable/Guidelines for the bye-election, the return of which is the subject of the petition.
2) That the petitioners/applicants have filed a suit at the Federal High Court Abuja, Suit No FHC/ABJ/CS/873/2013 challenging the candidature of the 1st respondent at the bye-election of 12-10-2013 upon which the 3rd respondent declared Chief Aguariavwodo elected.
3) That the issues raised in Suit No FHC/ABC/CS/873/2013 are pre-election matters which cannot be determined by the Election Tribunal, and
4) That retaining this petition after filing Suit No FHC/ABC/CS/873/2013 may raise issue of abuse of the judicial process.
And in a further statement released by M. Ahweyevu Mukoro Esq., the lawyer stated that his clients intend to channel their energies towards the suit pending at the Federal High Court, Abuja where they intend to prove that Chief Aguariavwodo was not a candidate at the said election and that the PDP did not field a candidate. Also, that his client, Olorogun Emerhor, being the candidate that scored the highest number of votes at the said election is the duly elected Senator to represent Delta Central in the Senate.
Meanwhile, our investigation at the Election Tribunal Asaba revealed that the motion for withdrawal has been fixed for hearing on January 10, 2014.
