Edo Poll: Tribunal Rejects APC’s Prayer to Strike Out PDP’s Petition

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It was intense legal fire works on Wednesday at the Edo State Governorship Election Petitions Tribunal sitting in Benin City, as the All Progressives Congress (APC) prayed the three-man panel to dismiss the petition by the People’s Democratic Party (PDP), challenging the victory of Governor Monday Okpebholo, a motion vehemently opposed by counsel to the petitioners.
The APC, in a motion argued by its counsel, Ferdinand Orbih, senior advocate of Nigeria (SAN) during a pre-hearing sitting of the tribunal, described the petition as incompetent.
Orbih told the three-man panel sitting in Benin that the PDP’s petition was not filed in accordance with the provisions of the law. Consequently, he said the tribunal lacked jurisdiction to entertain the matter.
According to him, further grounds for seeking the dismissal were contained in the motion paper dated November 30 and supported by a seven-paragraph affidavit.
In its counterargument, the PDP, through its counsel, Ken Mozia, SAN, urged the tribunal to discountenance the argument of the APC. Mozia explained that the petitioners had filed a reply and counter-affidavit to challenge the motion.
The tribunal’s chairman, Justice Wilfred Kpochi, however, reserved ruling on the motion until the final day of the case.
In another motion, the APC asked the tribunal to strike out some paragraphs in the petition filed by the PDP and its candidate in the election, Dr Asue Ighodalo. While arguing the application, Orbih urged the tribunal to deliver its ruling on the motion before hearing the petition. The PDP’s counsel, however, opposed the application, urging the tribunal to dismiss it for lack of merit.
Justice Kpochi discountenanced the argument of the APC, saying rulings on all preliminary motions would be delivered on the final judgement day.
Earlier, the PDP had moved four different motions calling on the tribunal to expunge various paragraphs in the replies of the Independent National Electoral Commission (INEC), APC and Okpebholo to its petition.
In the end, the tribunal adjourned to Saturday for the parties in the case to file a common proposal that would guide the tribunal during the hearing.
The PDP is challenging the declaration of Okpebholo as winner of the September 21, 2024, election by the INEC. According to the electoral umpire, Okpebholo polled 291,667 votes to defeat PDP’s Ighodalo who recorded 247,274, while the candidate of the Labour Party, Olumide Akpata trailed behind with 22,763 votes.