The petition of the candidate of the Peoples Democratic Party in the gubernatorial election in Edo State, Major General Charles Airhiavbere, is reported to have suffered another setback on Tuesday as the Edo State Elections Petitions Tribunal struck out his application to bring in additional witnesses in his bid to reverse the re-election of Comrade Adams Oshiomhole.
Arhiavbere had challenged the July 14, 2012 election on two major grounds: the academic qualification of Oshiomhole and alleged irregularities in the election in contravention of the Electoral Act.
The tribunal on September 27 struck out parts of the petitioner’s application on the alleged non-qualification of Oshiomhole based on his educational qualification, citing lack of jurisdiction in compliance with the provision of the constitution.
The tribunal maintained that the issue of educational qualification is a pre-election matter, which ought to have been taken before a Federal High Court prior to the election
At the sitting on Monday, Arhiavbere had requested leave of the court to bring in additional witnesses to testify on his behalf, to which the counsel to Oshiomhole and the Action Congress of Nigeria filed a counter-application asking the court to dismiss the petitioner’s application on the ground that it had been overtaken by events.
The 3rd respondent, the Independent National Electoral Commission, aligned itself with the position of the 1st and 2nd respondents seeking leave of the court to strike out the petitioner’s application.
The tribunal, which also concluded its pre-trial conference on Tuesday, decided that the issue for determination before it at the main trial is “whether the petitioner’s allegation that the gubernatorial election of 14th July is invalid by reason of corrupt practices and non-compliance with the provisions of the Electoral Act 2010 as amended ought to be sustained having regard to the evidence adduced and the remaining paragraphs of the petition.”
Counsel to Oshiomhole, Chief Adeniyi Akintola, SAN, told reporters on Tuesday that the governor’s team is prepared for the remaining part of the case if the petitioner is ready.
The state’s Deputy Governor, Dr. Pius Odubu, told reporters that the case had been unnecessary from inception and that issues before the tribunal are inconsequential to the determination of the winner of the July 14, 2012 election.
The tribunal adjourned further sitting to October 23, 2012.
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