July 06, (THEWILL) – The Delta Election Petition Tribunal sitting in Asaba has dismissed the petition filed by Ken Pela, candidate of the Labour Party (LP) in the March 18 gubernatorial election in the State.
Chairman of the Tribunal, Justice C.H Ahuchaogu, who dismissed the petition, described it as incompetent and a flagrant violation of paragraph 18 subsection 1 of the 4th Schedule to the Electoral Act 2022.
Pela, in a petition numbered EPT/DL/GOV/01/23, is challenging the outcome of the March 18 gubernatorial election, and seeking leave of the tribunal to upturn the declaration of Sheriff Oborevwori as Delta Governor.
The Independent National Electoral Commission (INEC) was joined in the petition as 1st respondent while Gov Sheriff Oborevwori and his Deputy, Monday Onyeme, are 2nd and 3rd respondents respectively with PDP being 4th respondent.
Lead Counsel to the 2nd and 3rd respondents, Damian Dodo (SAN), had argued in an earlier application that the Labour Party’s petition had been abandoned.
He argued the petitioner failed to avail itself of the seven-day window to apply for pre-hearing notice.
According to Dodo, the petitioner also failed to apply for another pre-hearing notice, effectively rendering his petition abandoned.
On Thursday, Justice Ahuchaogu ruled that “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 favour of the 2nd and 3rd applicants. There is merit in the application seeking to dismiss this petition and accordingly, petition EPT/DL/GOV/01/2023 is hereby dismissed.”
