The Delta State Governorship Election Petition Tribunal has dismissed a petition filed by the candidate of the Labour Party, Kennedy Pela, against the election of Governor Sheriff Oborevwori of the Peoples Democratic Party.
The Labour Party governorship candidate immediately rejected the judgment, saying he would appeal against it.
The three-man tribunal chaired by Justice C. H. Ahuchaogu dismissed the petition on Thursday on the grounds of abandonment, incompetence and a flagrant violation of the Electoral Act, 2022.
Ahuchaogu said: “The petition is incompetent and was issued in flagrant violation of the Electoral Act, 2022.
“We resolve this application in favour of the second and third respondents.
“There is merit in the respondents’ application seeking to dismiss this petition and accordingly, petition EPT/DL/GOV/01/2023 is hereby dismissed.”
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Pela joined the Independent National Electoral Commission as first respondent in the petition and Oborevwori and his deputy, Monday Onyeme, as second and third respondents respectively and the PDP as the fourth respondent.
He also joined the candidate of the All Progressives Congress, Ovie Omo-Agege, and his running mate, Friday Osanebi, and the APC as respondents.
In the petition, Pela challenged the outcome of the March 18, 2023 governorship election and asked the tribunal to upturn the declaration of Oborevwori as winner.
Damian Dodo (SAN), lead counsel to Oborevwori and Onyeme, had argued in an earlier application that Pela had abandoned his petition.
He argued that the petitioner failed to avail himself of the seven-day window to apply for pre-hearing notice.
According to Dodo, the petitioner also failed to apply for another pre-hearing notice effectively rendering his petition abandoned.
Dodo submitted that the petitioner applied for pre-hearing notice on May 19 before the close of pleadings and as such the petition was premature and incompetent.
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