ASABA/Nigeria: The Delta State Governorship Election Petitions Tribunal, which convened in Asaba on Thursday, delivered a verdict dismissing the petition filed by Mr. Ken Pela, the governorship candidate of the Labour Party. The tribunal, chaired by Justice C.H Ahuchaogu, deemed the petition incompetent and a clear violation of paragraph 18 subsection 1 of the 4th Schedule to the Electoral Act 2022.
Mr. Ken Pela had submitted petition EPT/DL/GOV/01/23, challenging the outcome of the March 18, 2023 Governorship election in the state. He sought the tribunal’s permission to overturn the declaration of Sheriff Oborevwori as the Governor of Delta State.
The petition named the Independent National Electoral Commission (INEC) as the first respondent, while Governor Sheriff Oborevwori and his Deputy, Monday Onyeme, were listed as the second and third respondents respectively. The People’s Democratic Party (PDP) was the fourth respondent.
During the proceedings, Damian Dodo (SAN), the Lead Counsel representing the second and third respondents, presented an argument stating that the Labour Party’s petition had been abandoned. Dodo pointed out that the petitioner failed to utilize the seven-day window to apply for a pre-hearing notice. Additionally, he highlighted that the petitioner did not apply for another pre-hearing notice, effectively rendering the petition abandoned.
Dodo further emphasized that the petitioner had applied for a pre-hearing notice on May 19, before the close of pleadings, making the petition premature and incompetent.
Justice C.H Ahuchaogu rendered the ruling, declaring, “The petition is incompetent and was issued in flagrant violation of paragraph 18 subsection 1 of the 4th Schedule to the Electoral Act 2022. We resolve this application in favor of the second and third applicants. There is merit in the application seeking to dismiss this petition, and accordingly, petition EPT/DL/GOV/01/2023 is hereby dismissed.”
