The Governorship Election Petitions
Tribunals sitting in Asaba, Delta State and Jos, Plateau State monday
upheld the elections of Governors Ifeanyi Okowa and Simon Lalong
respectively.
In Delta State, the tribunal dismissed petitions filed by Chief Great
Ovedje Ogboru of the Labour Party (LP) and O’tega Emerhor of the All
Progressives Congress (APC), challenging the declaration of Okowa as
governor by the Independent National Electoral Commission (INEC) for
lack of merit.
The tribunal also awarded costs of N50,000 each against each of the two
petitioners. In a judgment that lasted for over three hours, the
chairman of the tribunal, Justice Nasiru Gunmi, said Ogboru’s petition
lacked merit.
Gunmi said the petitioners did not prove their case beyond reasonable doubt.
Gunmi said the petitioners did not prove their case beyond reasonable doubt.
On Emerhor’s petition, the tribunal noted that it was bound to fail ab initio and accordingly dismissed same.
While the more than three hours ruling progressed, thousands of people gathered at the Cenotaph, an event centre beside the High Court in Asaba, venue of the final ruling on the petitions.
While the more than three hours ruling progressed, thousands of people gathered at the Cenotaph, an event centre beside the High Court in Asaba, venue of the final ruling on the petitions.
Police provided watertight security as hordes of heavily armed
policemen condoned off the roads leading to the court and the Cenotaph,
meticulously checking persons who were still around and while the court
was.
Many people who thronged the gallery of the Cenotaph became obviously
agitated at about 12.50p.m. when feelers began to emerge that the final
ruling would soon be concluded in the petition of Ogboru of the LP.
The tribunal’s respective verdicts was greeted with wild jubilation in
Asaba as jubilant supporters of Okowa and the PDP danced in the streets
with drumming and the sound of the Vuvuzela (trumpet).
The Speaker of the state House of Assembly, Hon. Monday Igbuya, one of
the first senior government and PDP officials to react to Okowa’s
victories at the tribunal on Monday afternoon, simply said: “Your
victory at the tribunal shows that the people of Delta State clearly
authorised your candidature. It also shows that the judiciary is the
last hope of the common man.
“Okowa is a caring governor. He believes in merit and places top
priority on the welfare of the people. He has relentlessly pursued a
vigorous policy for provision of social facilities and infrastructure.”
Meanwhile, Okowa has invited Ogboru and Emerhor to join hands with him to build a better state.
The governor said the two petitioners have lost nothing as they were all brothers from the same state who are welcome to his government any day.
The governor said the two petitioners have lost nothing as they were all brothers from the same state who are welcome to his government any day.
In Jos, the tribunal dismissed the petition filed by the Peoples
Democratic Party (PDP) governorship candidate, Mr. Gyang Pwajok, for
lack of merits. It also awarded N50,000 against Pwajok.
In a judgment that lasted for about six hours, the Chairman of the
three-man tribunal, Mr. Justice Candide-Johnson, observed that the
witnesses called by the petitioner were not credible, adding that they
revelled in self-contradiction throughout the hearing.
But the counsel to the petitioner, Mr. Sunny Odey, told the tribunal
that his client, Pwajok, has proceeded to the Court of Appeal to test
the popularity of the judgment. He, however, commended the industry of
the tribunal, saying at the judgment, although it did not favour his
client, was impeccably delivered.
Candide-Johnson held that the petitioner could not link his allegations
to any living substantial evidence as there was no practical prove of
evidence, but that the first and second respondents (Lalong and INEC)
had succeeded in their replies to the petitioner’s claims, adding that
the petitioner could not show that there were cases of irregularities
which he alleged.
“The burden of proof is on the petitioner, but what he has asserted is
unable to prove. Where the petitioner failed to prove his case beyond
reasonable doubt, there is nothing left for the respondent (Lalong) to
contest,” the judge stated.
The tribunal found that all the issues slated for the determination of
the matter tilted in favour of the respondent as he (the petitioner) had
no substantial evidence against the respondent.
He said INEC has also proved its innocence. “The petition therefore in
its entirety lacks merits and is hereby dismissed with N50,000 as
costs,” he said.
Odey said: “The next action is that we are going on appeal,” but agreed
that Justice Candide-Johnson has versatile knowledge of the law.
Also speaking on the judgment, the PDP Organising Secretary, Mr Michael
Dachom, said the party was not deterred by the tribunal ruling, adding
that they were advancing to the Court of Appeal. “By then, the Supreme
Court ruling slated for next Thursday, on whether or not forensic report
should be allowed, would have been ready, and will even strengthen our
case the more,” Dechom.
The counsel to the APC, Mr. Garba Pwul (SAN), said it was not usually
in his character to commend a judge after delivering a judgment, but
added that this one was outstanding and brilliant. “When we started the
case, we were anxious to finish it and go, but now that you
(Candide-Johnson) are going, we are sad. We are one in Plateau State. As
peace-loving people of the state, we are greater united. The governor
has been constitutionally and duly elected. This judgment is all
embracing,” he added.
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