Election Tribunal In Enugu Dismisses 3 Petitions Against PDP

The State and National Assembly Election Petition
Tribunal in Enugu on Monday dismissed two
petitions by the All Progressive Congress (APC) for
filing the petition out of time.
The tribunal also dismissed another petition by the
All Progressives Grand Alliance (APGA) against the
People Democratic Party (PDP) for the same
reason.
The APC candidate, Dr Ben Nwoye, was
challenging the declaration of the PDP candidate,
Mr Gilbert Nnaji, as the winner of the Enugu East
senatorial seat by the Independent National
Electoral Commission (INEC).
Nwoye had requested the tribunal to nullify the
March 28 Enugu East senatorial election as it was
marred by irregularities and electoral offences.
The counsel to the respondent, Mr Tochukwu
Odoh, had told the tribunal that the petitioner‘s
application for pre-hearing was filed out of time
and cannot be extended.
Odo argued that the petitioner’s notice was filed
out of time and requested the tribunal to dismiss
the petition since it had no jurisdiction to entertain
such.
Meanwhile, the petitioner’s counsel, Mr A.O. Giwa,
had argued that the tribunal should discountenance
the position of the respondent as the law allowed
for pleading when accompanied with affidavit.
Ruling, the Chairman of the tribunal, Justice
Michael Edem, held that the joint replies by the
petitioner were filed out of time and as such was
incompetent.
Edem said that the petitioner’s argument did not
hold water and failed to comply with the Electoral
Act, 2010 as amended.
He dismissed the petition and awarded the cost of
N20,000 in favor of the respondent.
In another ruling, the tribunal struck out a petition
by Mr William Ezeugwu of APGA against the
candidate of the PDP, Mr Chukwuka Utazi.
Ezeugwu was challenging the emergence of Utazi
as the winner of the Enugu North senatorial seat in
the March 28 senatorial election by INEC.
In his petition, he alleged that there were
irregularities by the PDP candidate and his party,
adding that the respondent was not properly
nominated by his party and was not qualified to
contest the election.
The counsel to the respondent, Mrs Justina Offiah,
argued that the petition itself was not signed by a
legal practitioner and the person who signed it
failed to state the capacity in which he signed.
She argued that the petitioner was not a member
of the PDP and lacked the `locus standi’ to
question the nomination and sponsorship of the
respondent.
“No one can come through the back door to
challenge the domestic affair of another party,” she
said.
Offiah told the tribunal that the petition was
wrongly headed as it was addressed to the
National Assembly and Legislative House Petition
Tribunal and questioned the jurisdiction of the
tribunal to entertain the petition meant for another
tribunal.
Justice Edem, in his ruling held that it lacked
jurisdiction to entertain a petition meant for
another tribunal, adding that the petitioner was not
a member of the PDP and lacked the power to
question the nomination.
“The petitioner failed to include the list of
witnesses and documents relied on in his petition
and there was no allegation of electoral offences,’’
he said.
He struck out the petition and awarded N20,000
cost in favor of the respondent.
Reacting to the judgment, Ezeugwu said he would
contest the decision of the tribunal at the appeal
court.
Meanwhile, a petition by the candidate of the APC,
Mr Ekene Nwankwo, against the candidate of the
PDP, Mr Dennis Amadi, as the winner of Udi/
Ezeagu Federal Constituency in the March 28
election was also dismissed.
The tribunal held that the petitioner filed his
petition out of time and that it was incompetent
before it and awarded a cost of N20,000 in favor of
the respondent. (NAN)