By Ovedhe Jerry
The National Assemby Election petitions tribunal sitting in Asaba has dismissed the brought against the Minority Leader of House of Representative, RT. Hon Leo Ogor by Chief Magnus Daniel Oyovwe, APC candidate in the 2015 general elections for abandoning his petition.
The case was listed to be continued for hearing with the petitioner continuing his case but on two occasions the case was adjourned because the petitioner failed to appear in court to give evidence as witness.
While presenting his submission, counsel to the respondent, Barr. Onome Egbon argued that the tribunal should dismiss the petition in line with the provision of the section 46(3) 1st schedule of the electoral Act 2010 as amended, which says that “when a petition comes up for hearing, if the respondent appear and the Petitioner does not appear, the respondent shall be entitled to final judgement dismissing the petition”.
Counsel to 3rd respondent Barr Richard Okoniya said he was in line agree totally with the submission of the counsel to the 1st respondent because from available facts, the Petitioner has abandoned his case and therefore urged the tribunal to dismiss the petition.
In his ruling, the chairman of panel 1, Hon Justice L.M Boufimi said the tribunal having listened to the counsel to the 1st, 2nd and 3rd respondents, have no option but to dismiss the petition because it is obvious fro available facts that the petitioner has abandoned his petition.
“We have listened to both counsels to the respondents and we agree strongly with them that, if a petitioner fails to appear to prove his case the respondent will be enlisted to judgement.
“It is on this premise therefore that we dismiss this petition because the petitioner has abandoned his petition and we cannot continue to allow him waste the time and resources of the respondent”.
In his response to the ruling, the Minority Leader House of Representative, Hon Leo Ogor said “it is a confirmation of the mandate given to me by the Isoko people. I had no doubt that the ruling will go this way because I am aware the who brought the action to the tribunal were doing so for selfish reasons. It is a victory for Isoko people and we thank God for it”.
