BEVERLY HILLS, April 07, (THEWILL) – The Court of Appeal sitting in Benin City has ruled against Pastor Osagie Ize-Iyamu and the Peoples Democratic Party in the appeal filed against the ruling of the tribunal on the recounting of ballot papers in the Edo gubernatorial polls.
Ize-Iyamu had asked the appellate court to order a complete recounting of used ballot papers from four local government areas, Akoko-Edo, Egor, Estako West and Estako East, produced before the lower tribunal.
He argued that the tribunal erred when it stopped the recounting of the ballot papers once the 14 days given to the petitioners to present their case have elapsed saying that the period utilized by the recounting be discounted from the 14 days granted the petitioners to prove their case.
Delivering the unanimous judgment on the appeal, Justice Mudasiru Nasiru who read the lead judgment said he decided to take great caution not to go out of bound since the tribunal was yet to deliver judgment on the main petition.
Justice Nasiru held that paragraph 41 of First Schedule of the Electoral Act prescribed the time upon which petitioners and respondents were to prove and defend their case and ruled that any action done outside the prescribed time would be a nullity and that the tribunal was right to stop the counting of ballot papers after the 14 days have elapsed.
“Whatever any party should do to prove its case must be done within the time produced by the Schedule. Once a party commences, the time prescribed will start to run,” he ruled.
“The two issues for determination are resolved against the appellants. The appeal is unmeritorious and lacked merit. It is hereby dismissed.”
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