… Omo-Agege, Gbagi pick holes in judgement
From Paul Osuyi, Asaba
Attempt by three governorship candidates to unseat Governor Sheriff Oborevwori of Delta State through separate petitions failed on Friday as the election petitions tribunal sitting in Asaba, dismissed the petitions for lacking in merit.
The petitioners are the immediate past Deputy President of the Senate, Ovie Omo-Agege of the All Progressive Congress (APC), former Minister of State for Education, Kenneth Gbagi of the Social Democratic Party (SDP) and Mr. Ken Pela of Labour Party
They had challenged the declaration of Oborevwori of the People’s Democratic Party (PDP) as winner of the March 18 election by the Independent National Electoral Commission (INEC).
In the first judgement read by the chairman of the three-member tribunal, Justice C.H. Ahuchaogu, held the petitioners, Omo-Agege and APC were
unable to prove the case of substantial non-compliance with the Electoral Act.
Ahuchaogu also ruled that the petitioners failed to prove that the second respondent, Oborevwori was not duly elected by majority of lawful votes cast.
On the issue of over voting, Justice Ahuchaogu said whilst the petitioners pleaded BVAS machine in their petition, it did not tender the BVAS machine or it’s extract to prove non accreditation which allegedly resulted in over voting.
“In line and obedience to the Supreme Court decision,we agree with the counsels of the second and third respondents that to prove over voting, the petitioners must tender the BVAS machine and not the reports from the back-end servers.
“Flowing from the deposition by the apex court, the reliance on information transmitted to INEC’s back-end server in Abuja on March 18 cannot be relied upon.
“Non-compliance cannot be said to be manifestly shown on the face of back-end server reports which has been conclusively held to be inadmissible in evidence and incapable of proof of over voting. In sum, we find and hold that no prima facie case touching on non accreditation or over voting has been made out,” the tribunal held.
On corrupt practices, Justice Ahuchaogu said the petitioners failed to prove that the alleged inflation of votes substantially affected the outcome of the election and resolved it in favour of the respondents.
He also resolved the issue of alleged cancellation of Bowen Ward 6 in Warri South against the petitioners.
“We affirm the return and declaration of the second and third respondents as the winner of the Delta state Governorship Elections held on March 18th, we hereby hold,” Justice Ahuchaogu ruled.
In another judgement, the tribunal threw out the petition of Gbagi for lacking in merit and abuse of court process.
Besides, the tribunal struck out the petition of Ken Pela of Labour Party for unsubstantiated allegations.
As at the time of filing this report, judgement was being delivered in the petition of Ken Pela of Labour Party.
Meanwhile, both Omo-Agege and Gbagi have rejected the judgement.
Omo-Agege in a statement he personally signed, called for calm, saying that the judgement of the tribunal would not stand legal scrutiny at appellate courts.
“For the matters mentioned herein and much more, we say with calm confidence and conviction that today’s judgment is nothing but a grave injustice that will not stand appellate scrutiny.
“In view of the foregoing, I have instructed my erudite legal team to immediately appeal the judgement of the Tribunal. We are grateful for their steady industry and extraordinary commitment,” he stated.
In his reaction, Gbagi through his Chief Press Secretary, Kenneth Orusi said the judgement dismissing his petition was a
miscarriage of justice.
Gbagi said he has firmly instructed his legal team to appeal the judgement, and expressed his unwavering determination in pursuit of justice.