The Edo State Election Petitions Tribunal sitting in Benin City has reserved ruling for Tuesday on two applications filed before it at its resumed hearing on Monday in the case filed by the defeated candidate of the Peoples Democratic Party, Major General Charles Airhiavbere, against the election of Comrade Adams Oshiomhole as governor of Edo State.
Arhiavbere had in his petition requested leave of the court to bring in additional witnesses to testify on his behalf, to which the counsel to Oshiomhole (1st Respondent) and the Action Congress of Nigeria (2nd respondent) 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 petitioner’s counsel, P.O. Ituah, while praying the court to allow him bring in additional witnesses said it would help prove his case beyond reasonable doubt.
However, counsel to Oshiomhole, Chief Adeniyi Akintola (SAN) urged the tribunal to dismiss the application as it would serve no useful purpose in view of the ruling of the tribunal on September 27, which dismissed the application of the petitioner in respect to the academic qualification of the governor.
Akintola submitted that the argument of the petitioner was merely academic as the application was not a live motion before the tribunal.
Buttressing his argument with relevant authorities, Oshiomhole’s counsel urged the tribunal to dismiss the application as it does not serve any useful purpose.
Counsel to the Action Congress of Nigeria (2nd respondent) and the Independent Electoral Commission, INEC, (3rd respondent) allied themselves with the argument of the first respondent describing the application as an exercise in futility.
Chairman of the tribunal, Justice Suleiman Ambrusa reserved ruling on the application and counter-application for Tuesday.
It will be recalled that the tribunal had on September 27 struck out the Edo PDP candidate’s petition contesting the academic qualifications of Oshiomhole on the basis that it was a pre-election matter that should have been addressed by a Federal High Court before the election, with the tribunal chairman describing the petitioner as embarking on a “wild goose chase”.
Meanwhile, the Independent National Electoral Commission (3rd respondent) on Monday produced at the tribunal some of the electoral documents requested by the petitioner.
INEC said it had to bring the documents to the premises of the tribunal after attempts to contact the petitioner failed.
Oshiomhole was present at the tribunal on Monday while Airhiavbere was absent.
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