ASABA/Nigeria: The Delta State Governorship Election Petition Tribunal in Asaba has dismissed the application of Senator Ovie Omo-Agege, the All Progressive Congress (APC) governorship candidate, which sought to bring in an expert witness, a statistician, to testify before the tribunal.
The three-man panel, led by Justice C.H. Ahuchaogu, also rejected another application by the APC candidate, which sought an extension of time for the Independent National Electoral Commission (INEC) subpoenaed witness to file a witness statement on oath and testify before the tribunal.
Counsels representing the second respondent, Governor Sheriff Oborevwori, and the third respondent, Peoples Democratic Party (PDP), opposed the applications, arguing that granting them would be an overreach on the respondents. They pointed out that the first application aimed to introduce new facts after the pleadings had already been closed, denying them the opportunity to respond.
The tribunal agreed with the respondents’ stance and cited previous cases to support its decision. It stated that the first application was brought 101 days after an order for the inspection of election materials had been granted. Moreover, the petitioners’ claim that INEC was responsible for the delay was deemed unsupported by evidence. The inspection of materials was conducted on May 23, but the petitioners waited until July 13 to file the report.
The tribunal asserted that the petitioners’ failure to file their expert witness statement on oath barred them from seeking an extension and using an expert statistician witness. Granting such an extension would unfairly disadvantage the respondents, who would be unable to file another reply to the petition.
Regarding the second application, seeking an extension of time for INEC to file a statement on oath based on the tribunal’s subpoena, the panel of justices found no evidence to support the petitioners’ request. They emphasized that the tribunal could not compel INEC to file a witness deposition for the petitioners, as they were adversaries. The issuance of a subpoena was the most the tribunal could do in this regard.
Consequently, the tribunal found no merit in either of the applications and dismissed them entirely.
