The Justice Suleman Ambrusa-led three-man Edo State Election Petitions panel
hearing the petition of the candidate of the Peoples Democratic Party (PDP) in
the July 14, 2012 governorship election, Major General Charles Airhiavbere
(retd), against the declaration of Governor Adams Oshiomhole as winner, has been
reportedly dissolved.
Other members of the panel, which news of its dissolution came on Sunday, two
days to the commencement of hearing on the remaining aspect of the petition
scheduled for tomorrow, following the end of pre-hearing proceedings two weeks
ago, were Justices Esor Teetito and Danlami Senchi.
It was gathered that the dissolution came on the heels a petition by some
lawyers, acting for Airhiavbere, to the National Judicial Commission (NJC),
alleging that the panel had been compromised and had, therefore, lost confidence
in it.
Consequently, a new panel, which would continue from where the dissolved
panel stopped, was said to have been constituted. Names of members of the new
panel were yet to be known.
However, Secretary of the tribunal, Mrs Josephine Aliu, denied knowledge of
the dissolution of the panel, saying, “I am not aware about that. What I know is
that the case has now been adjourned to October 31.”
The tribunal had, on Tuesday, October 9, rejected the request of Airhiavbere
to allow him to file for additional witnesses and statements in pursuance of his
petition challenging the declaration of Governor Oshiomhole as winner of the
election.
Besides, the tribunal also refused the request of Governor Oshiomhole of the
Action Congress of Nigeria (ACN) to strike out Airhiavbere’s petition in its
entirety.
Justice Ambrusa had fixed tomorrow as date for the beginning of the hearing
on the only surviving ground of the petition, the aspect dealing with the
allegation that the election was marred by corruption practices and did not
comply with the provisions of the Electoral Act.
Justice Ambrusa had said the tribunal was unable to grant the plea for more
witnesses and some statements as requested by the petitioner because those
paragraphs of the petition had to do with the issue of the qualification of
Governor Oshiomhole which the tribunal struck out on 27 September, 2012.
The tribunal also ordered the Independent National Electoral Commission
(INEC) to ensure that the voters register was made available to the counsel to
the petitioner as requested in order to have uninterrupted hearing on the matter
from October 23.
However, while opposing the request for extension of time by two weeks made
by Airhiavbere’s counsel, Sunny Aguinede, earlier in the hearing, Oshiomhole’s,
Chief Adeniyi Akintola (SAN), said “Thepetitioner has no reason to delay the
hearing no matter the carcass still remaining in the petition. There are 192
wards in Edo state, all the wards which they alluded to as missing are 47 which
is not up to one-quarter. They should have subpoenaed INEC to get the original
of the voters list rather than chasing shadows”.
Counsel to the Action Congress of Nigeria (ACN), Adetunji Oyeyipo, said “The
petitioner is not serious. If you look at what ever that is left in this
petition, they have witness deposition in only five Local Government Councils
and this witness depositions cover only 51 units across these 5 Local
Governments, so their complaints covers only less than one percent of the total
units.
“We are all seasoned lawyers, I don’t know if it will take the petitioner two
weeks to prepare witnesses in respect of 51 units. Total of 32 witnesses
available for them and some may not even come. I think that the tribunal will be
over indulging the petitioners by giving them the two weeks. We think that they
should concentrate on the Local Governments they are complaining about so that
we can commence hearing”.
