ASABA/Nigeria: The Delta State Governorship Election Petition Tribunal, presided over by Justice C.O Ahuchaogu, has dismissed an application for the counting of ballot papers used in the March 18 gubernatorial election. The ballot papers were tendered as evidence before the tribunal.
The oral application was presented by Counsel to the gubernatorial candidate of the All Progressives Congress (APC), Senator Ovie Omo-Agege, Dr. Alex Izinyon, SAN. He argued that the ballot papers had already been admitted as exhibits and urged the tribunal to grant the application in the interest of justice and for the benefit of all parties involved.
However, Counsel to the first respondent, the Independent National Electoral Commission (INEC), Prof. Joe Abugu, stated that the commission stood by the result and figures in the declaration of the second respondent, Governor Sheriff Oborevwori, as the winner of the election. He added that they would abide by the tribunal’s discretion to decide whether a recount should be conducted or not.
On the other hand, Counsel to Governor Sheriff Oborevwori, Damian Dodo, SAN, objected to the application, asserting that the petitioner failed to make a case for a recount of ballots. Dodo argued that anyone dissatisfied with the election results should first apply for a recount at the respective polling units. He pointed out that the petition, spanning pages 1 to 102, did not show any demand for a recount at any of the 1333 polling units in question.
Similarly, Counsel to the third respondent, the Peoples Democratic Party (PDP), Ekeme Ohwovoriole, SAN, labeled the application as unmeritorious and fully adopted the submission made by the Counsel of the second respondent.
Ultimately, Justice C.O Ahuchaogu and the two other members of the three-man tribunal panel ruled that a decision regarding the recount of ballot papers cannot be made based on an oral application. Consequently, the tribunal dismissed the oral application, with Justice Ahuchaogu stating, “There is no merit in this oral application for recount, and it is hereby dismissed.”
