Delta, Plateau Tribunals Uphold Okowa, Lalong Elections


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.
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.
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.
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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