However, Mr Pela has rejected the judgment, saying he would appeal against it.
Delta’s governorship election petitions 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
However, Mr Pela has 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 ground of abandonment, incompetence and a flagrant violation of the Electoral Act 2022.
“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,” the judge ruled. “There is merit in the respondents’ application seeking to dismiss this petition, and accordingly, petition EPT/DL/GOV/01/2023 is hereby dismissed.’’
Mr Pela joined INEC as the first respondent in the petition, Mr Oborevwori and Deputy Governor Monday Onyeme as the second and third respondents, respectively, and the PDP as the fourth respondent. He also joined the All Progressive Congress (APC) candidate, Ovie Omo-Agege and his running mate, Friday Osanebi, and the APC as respondents.
In the petition, Mr Pela challenged the outcome of the March 18 governorship election and asked the tribunal to upturn the declaration of Mr Oborevwori as the winner.
Damian Dodo, lead counsel to Messrs Oborevwori and Onyeme, had argued in an earlier application that Pela had abandoned his petition.
Mr Dodo argued that the petitioner failed to avail himself of the seven-day window to apply for pre-hearing notice.
According to the lawyer, the petitioner also failed to apply for another pre-hearing notice, rendering his petition abandoned. He 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