Imo Guber Tribunal: Ihedioha Wins Round One.As Ahamba Dazzles In Court Against Okorocha’s Lawyers

The long awaited commencement of the Election Petition Tribunal on the
2015 Imo State Governorship election, finally started yesterday,
Monday 6th July 2015 at the Owerri High Court Premise, with both the
petitioners and respondents counsel exchanging legal fireworks.
One of the cases that came up before the Justice David Wyom led
Tribunal Panel was case EPT/IM Gov/3/2015 the petition filed by Rt Hon
Emeka Ihedioha the Peoples Democratic Party PDP candidate as the
Petitioner, with Chief Mike Ahamba SAN as lead counsel against the
governor of Imo State, Rochas Okorocha of the All Progressive
Congress, APC, as 1st respondent, APC, as the 37th respondent and 55
other respondents who are represented by Chief Adeniyi Akintola, SAN
as led counsel.
At the end of the first legal battle on an objection raised by the
counsel to the respondents , the petitioner, Rt Hon Emeka Ihedioha,
won round one as the tribunal over-ruled the two objections.
Abinitio, Chief Ahamba had sort the consent of the honourable Tribunal
to proceed with the pre-hearing. But Chief Adeniyi Akintola objected
the motion, arguing that the respondents have not been served,
stressing that the 39th respondent should have been served at her
co-operate head quarters in Abuja as a co-operate body instead of
through their office in Owerri, making reference to Ayogu vs Nnamani
2004.
Responding , Chief Ahamba provided the response to the petitioners
questionnaire by the 1st to 37 respondents filed on the 26/6/15 which
he (Ahamba) argued showed their accepted state in the pre-hearing
proceeding.
He also told the honourable Tribunal that Chief Adeniyi Akintola, also
stated that he could not respond because of his ill health which took
him out of the country.
The petitioner, also told the tribunal that, the respondents are only
afraid of his argument on extension of time to file reply because most
of the respondents have not filed any reply. Ahamba however, urged the
Tribunal not to allow case management over ride their case hearing,
and cited the Electoral Act 1st schedule paragraph 8 sub. 3 which
states that "no personal service can stop petition proceedings".
Giving the ruling of the Tribunal the panel stated that the objections
of the respondents were over ruled stating that service has been made
a s the respondents have been represented by Chief Akintola. It was
also ruled that co-operate organization can be served in any of its
offices or through its high ranking officers, therefore the Objections
were over ruled.
In accepting the ruling, the petitioner took the honourable Tribunal
to Agu V Ogbeh 2004 Nigeria Week Law Report (NWLR) pg 74 paragraph 25
and Tukur Vs Gongola State Governor 1989, Idehe Vs Olehe 1991 6th
NWLR. That having not filed anything till date, the law may not permit
any other filing.
Consequently, other respondents that include 5th, 22th, 15th
respondents argued that they appeared for themselves and were served
in the court therefore should be given time to reply.
The Tribunal after taking all the arguments, adjourned to today.