The petition of Maj.-Gen Charles
Airhiavbere, the PDP candidate in the July 14 gubernatorial
election in Edo
State suffered another setback yesterday as the State Election Petitions
Tribunal yesterday struck out his application to bring in additional witnesses
in his bid to reverse the re-election of Comrade Adams Oshiomhole as Governor
of the state.
General Arhiavbere had challenged the
July 2012 election on two major grounds: the academic qualification of Governor
Oshiomhole and alleged irregularities in the election in contravention of the
Electoral Act.
The tribunal had on September 27 struck
out parts of the petitioner’s application on the alleged non-qualification of
Comrade Oshiomhole based on his educational qualification, citing lack of
jurisdiction in compliance with the provision of the constitution. The tribunal
maintained that the issue of education qualification is a pre-election matter
which ought to have been taken before a Federal High Court prior to the
election.
At the petition’s sitting on Monday,
Maj-Gen Arhiavbere (petitioner) had requested leave of the court to bring in
additional witnesses to testify on his behalf to which Counsel to Governor
Oshiomhole (1st Respondent)
and ACN (2nd respondent)
filed a counter-application asking the court to dismiss the petitioner’s
application, on the ground that it had been overtaken by events.
The 3rd respondent, INEC, aligned itself with
the position of the 1st and
2nd respondents
seeking leave of the court to strike out the petitioner’s application.
The tribunal which also concluded its
pre-trial conference yesterday decided that the live issue for determination
before it at the main trial is the issue “whether the petitioner’s allegation
that the gubernatorial election of 14th July is invalid by reason of corrupt
practices and non-compliance with the provisions of the Electoral Act 2010 as
amended ought to be sustained having regard to the evidence adduced and the
remaining paragraphs of the petition.”
Counsel to Comrade Oshiomhole, Chief
Adeniyi Akintola, SAN, told reporters yesterday that the Governor’s team is
prepared for the remaining part of the case if the petitioner is ready.
The State Deputy Governor, Dr Pius
Odubu told reporters that the case had been unnecessary from inception and that
live issues before the tribunal are inconsequential to the determination of the
winner of the July 14, 2012 election.
The tribunal adjourned further sitting
to the October 23, 2012.
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