Tribunal: Appeal Court to hear PDP’s case Thursday

The Benin Court of Appeal on Tuesday adjourned to Thursday, 16 March, 2017, hearing of an appeal filed by the Peoples Democratic Party (PDP) and its candidate, Pastor OsagIe Ize-Iyamu, to compel the Edo State Governorship Election Petition Tribunal allow them complete the recounting of ballot papers used in the conduct of the 2016 governorship election in the state.

The tribunal had stopped the recount of the ballot papers in four local government area of the state after the time allotted to the PDP to complete its case elapsed.

Mallam Yusuf Alli (SAN) led other counsel for the PDP and Ize-Iyamu, while Chief Wole Olanipekun (SAN) led others for second respondent, Godwin Obaseki, and Prince Lateef Fagbemi (SAN) and others for the third respondent, the APC,

The respondents also filed a cross appeal to the petitioners’s appeal, insisting that the three-man tribunal headed by Justice Ahmed Badamasi ought not to have given an order to the petitioners at all for the recounting of the ballot papers used for the election.

When the matter came up for hearing on Tuesday, the appellate court struck the application by counsel to the third respondent, the APC, Prince Lateef Fagbemi (SAN), for the consolidation of the appeals by the petitioners and respondents describing it as a mere academic exercise.

Ruling on the application, Justice Olukayode Bada said, “by consent of all counsel, hearing of the two appeals will now come up for hearing on Thursday, 16 March, 2017. The present application has become academic and is hereby struck out”

The Tribunal had earlier ordered for the recount of the ballot papers used for the election in Egor, Akoko-Edo, Etsako West and Etsako East local governments following an oral application made by the Counsel for the petitioners, Mallam Yusuf Ali (SAN).

The Peoples Democratic Party (PDP) and its candidate, Pastor Osagie Ize-Iyamu, are challenging the declaration by INEC of Godwin Obaseki of the All Progressives Congress  (APC) as winner of the election at the tribunal and have listed INEC, Obaseki and the APC as first, second and third respondents respectively.

The report signed by the Assistant Secretary to the tribunal, Buhari Sani, for the tribunal secretary showed that the recounting exercise was concluded in Wards 1, 2, 3, 4 and 5 in Etsako West Local Government Area, Wards 1 and 2 in Akoko-Edo Local Government Area and Ward 1 of Egor Local Government Area.