Edo Governorship Petition Tribunal Update: Tribunal spot five issues for petition determination

By Eben Enasco Kingsley, Benin City.

The Justice Ahmed Badamasi led -three- member tribunal sitting over the petition filed by the Peoples Democratic Party, PDP, and its governorship candidate, Pastor Osagie Ize-Iyamu challenging the Edo State Governorship election which declared Mr. Godwin Obaseki as winner has identified five issues for determination and fixed January 11, 2017 for its hearing.

The formulation contained in its pre-hearing report made available on Thursday, listed the five concerns for determination among others which include: whether having regards to section 31(1) of the Election Act, 2010( as amended) and paragraph 4(1) of the first schedule thereto, “The person who purports to be the first petitioner along with the second petitioner in the instant petition is different in law from the person sponsored as candidate of the second petition at the Sept. 28, Edo State governorship election, “Thereby rendering the petition incompetent and liable to be dismantled/struck out as prayed in the second respondent’s motion of Nov. 29, 2016”.

Others are; “Whether paragraphs 2 to 30 of the petitioners’ reply to the third respondent’s reply as well as 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 second respondent was invalid by reason of corrupt practices in some units and wards being challenged in the petition where issue(s) of corrupt practices was/ were specifically pleaded in the petition. “And if so, whether the votes credited to the second respondent in such units and wards are not liable to be invalidated and discounted?’’

Lastly, 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, has substantially affected the Edo state governorship election of Sept. 28.“To warrant an order nullifying the election and fr a fresh election to be conducted?’’.

The PDP and Ize-Iyamu, in their petition, challenged the declaration by the Independent National Election Commission (INEC) of Mr. Godwin Obaseki of All Progressives Congress (APC) as winner in the September 28 governorship election in the state.

In its petition, they identified INEC, Obaseki and the APC as first, second and third respondents respectively. ‎

INEC had declared Godwin Obaseki winner of the Edo governorship election after he pulled more than 319,483 votes to defeat Ize-Iyamu, his closest rival, who scored a total of over 250,000 votes.‎ Justice Badamasi, who read out the report, said all preliminary objection/motions touching on the competence of this petition or some paragraphs thereof shall be taken alongside the main petition.

On tendering of document, the tribunal held that uncontested certified true copies of documents were to be tendered from the bar by each party at the commencement of its case.

It added that such document shall be accompanied by a schedule showing the markings which should be done in the office of th Secretary to the Tribunal in the presence of a representative of each party.

The tribunal further held that contested documents “are to b admitted tentatively after taking objections and ruling over them will be contained in the final judgment.’’ While it noted in its report that the tribunal would provide an interpreter, it further submitted that there would be no limit to the number of witnesses that could be presented by each party, “But the time frame allotted to each party must be respected.’’

It said that during examination in Chief, witnesses’ not tendering exhibit would be allotted five minutes and seven minutes to witnesses tendering exhibits;while “12 minutes is allotted for cross examination that translates to four minutes to each Respondent subject to variations where necessary,’’ it added that “three minutes for re-examination. ’’

The tribunal said sittings would be through Monday to Friday between the hours of 9am and 1pm and between 3pm and 6pm respectively, except Saturdays which sitting had been scheduled for between 9am and 3pm. ‎It however, added that the content of final written addresses must not exceed 40 pages.

Meanwhile, as temper flared over alleged disobedience to the tribunal’s order granted the petitioner’s to examine the Sept. 28 election materials, Badamasi advised senior counsel from both sides to resolve any arisen skirmishes amicably.

“Since the INEC legal adviser has confirmed that scanning it is ongoing, i advise senior counsel from both sides to be able to resolve any skirmishes amicably among yourselves, the tribunal chairman said.

The petitioners’ counsel, Mr. Roland Otaru, SAN, drew the tribunal’s attention to the alleged frustration by the second and third respondents of his client in scanning the materials which allegation counsel to the respondents, Mr. Ken Mozia and Adetunji Oyeyepo, denied.