Jethro Ibileke/Benin
Governor Godwin Obaseki of Edo State and the All Progressive Congress have asked the Edo State Election Petition Tribunal to throw out the petition filed by the Young Democratic Party (YDP) and its candidate in the September 28 gubernatorial election in the State, Nurudeen Inwanfero, for lack of merit.
Nurudeen, had asked the Tribunal to cancel the governorship election out rightly because the party’s logo was excluded in the ballot papers used for the election.
At the resumed pre-hearing session of the Tribunal, lead Counsel to the APC, Lateef Fagbemi, in his application urged the Tribunal to dismiss the petition and “give it a descent burial” because there was no reasonable cause of action.
The APC Counsel further informed the Tribunal that the petitioners filed two petitions at the Tribunal and also filed a notice of discontinuation on one of the petition without complying with the Electoral Act.
He said issues raised by the petitioner were pre-election matters that are not within the purview of the Tribunal to decide whether INEC was right or wrong.
Fagbemi argued that the petitioner was wrong to use the words ‘lawfully excluded and corrupt practices’ in the petition when the petitioner did not participate in the election.
His words, “Having regard to the Electoral laws, has the petition complied with the Electoral Acts. All the decision referred to are not relevant and do not apply to election matters. The law has proscribed what is to be done. Withdrawal is not automatic.
“This Tribunal is not to deal with pre-election matter. Whether INEC is wrong or right not to recognize their logo is not within the purview of the Tribunal. I urged your Lordship to give the petition a descent burial. It is dead on arrival.”
On his part, the lead Counsel to INEC, Mr. Onyebuchi Ikpeazu, said there was no reason to oppose Fagbemi’s application because he found no justification for the petition.
This is even as the lead Counsel to Governor Obaseki, Wole Olanipekun, said it would be hypocritical for him to oppose the application.
Counsel to YDP, Ugo Nwofor, opposed the application and described it as an abuse of court process.
Nwofor said arguments in the application were already dealing with the substantive matter.
He said the Tribunal has jurisdiction to hear the application because the petitioners need justice.
Chairman of the three-man panel, Ahmed Badamasi, adjourned sitting to December 8 for ruling on the application.