By Gbenga Abulude (Politics and General Desk)
The Edo State Election Tribunal on Friday began its sitting as five political parties filed petitions on the September 19 governorship election won by Governor Godwin Obaseki.
The Independent National Electoral Commission (INEC) had declared the Peoples Democratic Party (PDP) governorship candidate, Obaseki as the valid winner having gotten the largest votes. However, some political parties are contesting the verdict.
The parties that petitioned the tribunal, seeking the nullification of Obaseki as winner include Action Democratic Party (ADP), Action Peoples Party (APP), Action Alliance (AA), Allied Peoples Movement (APM) and New Nigeria Peoples Party (NNPP).
Justice Abdulrazaq Abdulkareem who led the 3-man election tribunal, said at the inaugural sitting in Benin City, that the panel was committed to concluding the five petitions before the tribunal within the stipulated time frame.
He assured that the tribunal would perform its duties without prejudice against any party and sought the cooperation of all parties.
During the sitting, the petitioners sought for an ex-parte motion for substituted means of service against their respective respondents.
Following the petitioners’ applicant motion, the presiding justice granted their orders, and adjourned to Monday, December 7, for pre-hearing process.
Justice Abdulkareem-led tribunal, ordered the substituted service at the inaugural sitting, with the petitions and processes to be posted on the wall of PDP’s state secretariat and Government House, Benin, while the pre-hearing sitting would hold on December 7 for the five petitions.
The sitting took place at the Edo State High Court complex, Friday, with the tribunal having 180 days from the date of filing the petitions to conclude hearing in the matters and deliver judgments, which will drag to the first week of April next year.
Justice Abdulkareem, Chairman of the tribunal which has two males and one female judge, in his inaugural speech, pledged to give all parties a fair hearing and act in good faith.
He said, “As you are very much aware, our assignment is time bound. As such, we do not have the luxury of time. With the help of God Almighty, the tribunal is committed to complete its work on the five petitions filed before it, within the time frame allowed for it to complete its assignment.
“We, therefore, solicit the maximum cooperation of all the parties and their counsel, and urge you all to be ready to work within the mandatory period stipulated by law.
“We wish to assure you that in our quest to get to the truth of the matters before us, we shall act in good faith, and shall do our work with open mind, without any form of bias or appearance of any pre-conception. We also pledge not to lend ourselves to any form of external influence.”
While responding on behalf of all the counsel at the tribunal, Mr Ken Mozia SAN assured that they would do their best to assist members of the tribunal to succeed, without wasting the time of the tribunal with frivolous applications/motions.
With the October 10 deadline, five petitions were filed, seeking the nullification of the September 19 re-election of Obaseki and Shaibu, while calling for fresh election by INEC, but to exclude PDP, Obaseki and his running mate, on alleged sundry grounds.
The petitions were filed by Action Democratic Party (ADP) and its governorship candidate, Iboi Emmanuel; Action Peoples Party (APP), without joining its governorship candidate, Amos Areloegbe; Action Alliance (AA) and its governorship candidate, Ukonga Onaivi; Allied Peoples Movement (APM), excluding its governorship candidate, Igbineweka Osamuede, and Tracy Agol, without joining her political party, the New Nigeria Peoples Party (NNPP).
Exparte applications were filed by the following counsels: Douglas Ogbankwa, A.I. Osarenkhoe, F.I. Agbokha and E.S. Osaigbovo to the ADP, APM, Agol and APP respectively, seeking order to serve the applications and processes through substituted service, by posting them on the wall of the state secretariat of the PDP in Benin, the state capital, which was granted by the tribunal.
ADP and its governorship candidate, in the petition with reference number: EPT/ED/GOV/01/2020, with INEC, PDP, Obaseki, APC and its governorship candidate, Pastor Osagie Ize-Iyamu, as respondents, prayed the tribunal to disqualify Obaseki and nullify the votes cast for him, thereby ordering INEC to conduct a fresh election.
APM filed a petition with reference number: EPT/ED/GOV/04/2020, excluding its governorship candidate, Igbineweka Osamuede, with INEC, PDP, Obaseki and Shaibu as respondents.
The APM alleged that there were irregularities during the September 19 governorship election and that Obaseki and Shaibu were not qualified to contest the poll.
APM also prayed for an order nullifying the entire governorship election of September 19, 2020 in Edo state, for alleged substantial non-compliance with the provisions of the 1999 Constitution of the Federal Republic of Nigeria, as amended, and the extant Electoral Act, 2010, as amended.
Agol, in her petition with reference number: EPT/ED/GOV/05/2020, maintained that Edo governor was not qualified to contest the September 19 election.
Agol alleged that Obaseki, at the time of the poll, was not qualified to contest the election, quoting Section 138 (1) (a) of the Electoral Act, 2010, as amended.
The NNPP’s governorship candidate also prayed for an order to compel INEC to conduct fresh election involving all the qualified candidates, excluding PDP and Governor Obaseki, whom she alleged were constitutionally disqualified from contesting the 2020 governorship.
Agol, alternatively sought a declaration that Governor Obaseki’s participation in the election should be declared null and void, having participated in the primary election process of the APC and later PDP, in respect of the same governorship election in Edo state.
APP, in the petition against the Governor, PDP and INEC as respondents, with reference number: EPT/ED/GOV/02/2020, claimed that it was unlawfully excluded.
AA and its governorship candidate, in the petition with reference number: EPT/ED/GOV/03/2020, against Obaseki, PDP and INEC (respondents), claimed that Onaivi was also excluded unlawfully.
AA and its governorship candidate also prayed the tribunal to nullify the September 19 governorship election in Edo state, and a fresh election to be ordered within 90 days.
