Edo election: Tribunal to sit on 5 matters

FIVE matters have been distilled and set out for determination by the Edo State Governorship Election Petition Tribunal for hearing in the petition filed by the governorship candidate of the Peoples Democratic Party (PDP), Pastor Osagie Ize- Iyamu, and his party challenging the declaration of Mr Godwin Obaseki of the All Progressives Congress (APC) as winner of the September 28, 2016, election in the state.

Furthermore, the chairman of the three-man tribunal, Justice Ahmed Badamasi, has announced the adjournment of commencement of the hearing of the petitioners’ petition to Wednesday, January 11, 2017.

On the number of witnesses, the tribunal said that there would be no limit to the number of witnesses to be presented by each party but the time frame allotted to each party must be respected.

Delivering the tribunal’s ruling on the pre-hearing report/scheduling order after it has reviewed the submission of issues for determination by the petitioners and respondents, Justice Badamasi listed the five issues for determination to include:

“Whether having regard to Section 31(1) of the Electoral Act, 2010 as amended and paragraph 4 (1) of the First Schedule thereto, the person who purports to be the 1st petitioner along with the 2nd petitioner in the instant petition is different in law from the person sponsored as candidate of the second petitioner at the Edo State governorship election held on September 28, 2016, thereby rendering the petition incompetent and liable to be dismissed/struck out as prayed in the 2nd respondent/applicant’s motion dated 29, November 2016.

“Whether paragraph 2 to 30 of the petitioners’ reply to the third respondent’s reply as well as the 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 the issue(s) of corrupt practices made in the petition 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?

“Whether on the state of the pleadings and evidence led, the petitioners have established that there was substantial noncompliance with the provisions of the Electoral Act, which has substantially affected the Edo State Governorship Election held on 28, September 2016 to warrant an order nullifying the election and for a fresh election to be considered?”

On preliminary objections/motions, the tribunal ordered that all preliminary objections/motions touching on the competed of the petition or some paragraphs thereof shall be taken alongside the main petition.

The tribunal said contested documents are to be admitted tentatively after taking objections and ruling over them will be contained in the final judgment just as added that an interpreter would be provided by it.