KEN PELA’S VICTORY: Election Petition Experts Warn of Tight Deadline and Legal Hurdles
ASABA/Nigeria: Experts and lawyers specializing in election petitions have raised concerns about the implications of the decision for Ken Pela, the Labour Party’s gubernatorial candidate in the Delta State governorship election on March 18, 2023. The ruling has prompted worries about the limited time available for Pela’s petition to be heard, possibly jeopardizing its chances due to an impending September 16 deadline.
The ruling, initially misreported by some media outlets as a declaration of Pela’s victory in the election, sparked confusion in Delta State before the truth emerged. Although Pela expressed delight at the ruling, legal experts assert that its consequences may reduce the significance of his case to a mere academic exercise.
Vote Umukoro, Esq., a legal expert, explained, “In most cases where retrials are ordered in lower courts, a new panel or judge is typically assigned. This is likely to happen in this case, meaning that a fresh panel may need to be constituted to re-examine Pela’s suit. The Electoral Act 2022 allows for a maximum of 180 days for the resolution of election cases at the tribunal level, and this timeframe cannot be extended through executive or judicial means.”
Pela has already indicated his intention to request that the new panel conducts its proceedings outside Asaba. However, with only 17 days remaining between the Appeal Court’s ruling on Thursday, August 31, and the 180-day deadline, concerns are mounting about the feasibility of pursuing the case.
Barrister Sylvester Imonina, commenting on the situation, said, “There’s little the party can do within this tight timeframe. For a party that secured a distant third place with just 48,027 votes, the prospect of a turnaround seems improbable.” Imonina also emphasized that the 180-day period began from the day Rt. Hon. Sheriff Oborevwori was declared the winner by the Independent National Electoral Commission (INEC).
Imonina concluded, “While Pela briefly enjoyed the spotlight during the hours of misrepresentation of the Appeal Court ruling, the case is essentially an academic exercise. Time is running out, especially for a party that performed poorly in the election.”
INEC officially declared Rt. Hon. Sheriff Oborevwori the winner of the governorship election with 360,234 votes, defeating his closest rival, Ovie Omo-Agege of the All Progressive Party (APC), who secured 240,229 votes. Ken Pela of the Labour Party finished third with 48,027 votes, while Great Ogboru of the All Progressive Grand Alliance (APGA) came fourth with 11,021 votes.
