The political atmosphere in the oil-rich Delta State is charged as the Governorship Election Petition Tribunal sitting in Asaba reserve judgement in two separate petitions challenging the declaration of  the state governor, Ifeanyi Okowa as winner of the April 11 election conducted by the Independent National Electoral Commission (INEC). Okowa was  candidate of the People Democratic Party (PDP) in the last gubernatorial poll in the state.
From Asaba in Delta North through Ughelli in the central  senatorial district,  to Warri in the south, expectations are high that justice would be served in the petition number EPT/DT/GOV/24/2015 filed by Chief Great Ogboru of Labour Party (LP) and petition number EPT/DT/GOV/32/2015 filed by Olorogun O’tega Emerhor of the All Progressive Congress (APC).
Both petitioners are seeking nullification of Okowa’s election on grounds of over voting and substantial non-compliance with the Electoral Act and electoral guidelines and directives in the conduct of the  poll.
Ogboru specifically prayed the tribunal to make a consequential order declaring him (Ogboru) as winner of the election on the ground that all votes received by Okowa were unlawful, invalid, null and void.
Okowa, who is the first respondent in both petitions assembled a 20-man legal team with Dr. Alex Iziyon (SAN) as lead counsel, while the PDP (second respondent) had a legal team of about ten lawyers with Mr. Timothy Kehinde (SAN) as lead counsel.
The third respondent which is INEC had a legal team of five lawyers with Mr. Damian Dodo (SAN) as lead counsel. This was in their respective bids to defend the outcome of the election said to have been won by Okowa.
In his petition, Emerhor assembled a team of lawyers headed by Chief Thompson Okpoko (SAN), while Ogboru’s legal team is headed by Mr. Dele Adesina (SAN), in their respective bid to establish allegations of over voting and substantial non-compliance with electoral guidelines.
Early attempt by Okowa’s legal team to terminate the petitions in their infancy through motions of preliminary objections bordering on lack of jurisdiction failed, as the three-man panel of justices established that the tribunal has the jurisdiction to hear the suits.
Chairman of the tribunal, Justice Nasir Gumi, in a ruling cited relevant authorities, including the Supreme Court and the Electoral Act to establish jurisdiction of the tribunal to entertain the substantive petitions, thereby striking out the preliminary objection.
All other pre-hearing motions emanating from all the parties, according to Justice Gunmi, would be taken along with the substantive trial of the petitions to save time in view of the mandatory 180 days within which the issues must be determined.
Meanwhile, the kernel of both petitions is anchored on the use or otherwise of the card reader device for accreditation during the election as directed by INEC in a press release which was tendered and admitted in evidence during trial.
There were other contentious issues, like the presentation and admission of other election materials not recognized by the Electoral Law and the Constitution, and of course the pre-trial motions which the tribunal agreed to collapse into the substantive petition.
During trial, Emerhor and APC called five witnesses and tendered documents, while Ogboru and the LP called 16 witnesses and also tendered documents in attempts to prove allegations raised in their petitions.
In his defense, Okowa called three witnesses to debunk Emerhor’s allegations and one witness to debunk Ogboru’s claims. He also tendered documents to further convince the tribunal that he fairly won the election as declared by INEC.
The second respondent (PDP) and the third respondent (INEC) did not call any witness in both petitions, as they simply relied on the case of the first respondent and the evidence elicited from other witnesses during cross examination.
Perhaps, the adoption of final written addresses by the respective counsels was the most intriguing part of the process. It was after this that the tribunal reserved judgement in both petitions. The tribunal is expected to deliver judgement on the petitions  on or before October 28.
In each petition, proceedings for the adoption of final written addresses commenced with the lead counsel to Okowa, Dr. Iziyon adopting his address including outstanding motions already collapsed into the trial proper, as well as the replies to the petitioners’ address.
Iziyon, who made oral submissions to buttress his written arguments, urged the tribunal to dismiss the petitions with substantial costs.
Citing the Court of Appeal  in APC vs Agbaje, Iziyon noted that the petitioners defeated their own case which they anchored on the card reader, arguing that if the argument of the petitioners had been on non compliance and irregularities, then it would have been okay.
Iziyon specifically emphasized that Ogboru’s case crumbled ab-initio when his star witness, PW15, (Turner Ogboru), disowned his own witness statement and claimed that the calculation in his deposition was done in error.
While also raising the issue of pre-hearing, citing latest Court of Appeal judgments to buttress his argument, Okowa’s lead counsel  equally noted  that all the arguments on the pending motions on jurisdiction and eligibility of the Ogboru’s candidacy had been referred back to the tribunal by the higher court and when the coast was becoming clearer and the pendulum was swinging against them, it became imperative for the petitioners to throw-in the towel admirably.
According to him, the petitioners quickly abandoned their argument on the card reader and went back to the issue of voter register, and contrived all kinds of calculations without any pleadings or applications, adding that with reference to the cases of CPC vs INEC and Yusuf vs Obasanjo, that despite what they termed as ‘little discrepancies’ on the figures, the petitioners were already bound by their own pleadings.
Iziyon concluded by telling the tribunal that the petitioners cannot rely on admission of respondents or unchallenged evidence, but prove their own case, which they have failed to do.
In his own submissions, lead counsel to the PDP, who also adopted his final written address and all the pending motions, told the tribunal that Ogboru’s petition, having not been initiated by due process, by filing an unsigned petition, has no jurisdiction in law.

http://sunnewsonline.com/new/delta-guber-tribunal-set-to-decide-okowa-ogboru-emerhors-fate/

Ok

Delta State is PDP all round! APC are dreaming.. Fools.

So na only for oil PDP states the election no hold?
nawaooo for this kind of Buhari change

Lalasticlala