Wednesday 22 July 2015

Imo Tribunal: Court Dismisses Petition Against Okorocha’s Victory

The Imo State Governorship Election Petition Tribunal has dismissed
the petition filed by the governorship candidate of the Peoples
Democratic Party, Honourable Emeka Ihedioha, challenging the victory
of Governor Rochas Okorocha in the last Governorship election.

Delivering the judgment at the tribunal sitting in Owerri, the capital
of the state, the Chairman of the Tribunal, Justice David Wyom,
dismissed the petition on the grounds that the petitioner abandoned
their petition, having failed to pay for the pre-hearing notice within
seven days, as stipulated in paragraph 18 (1) of the rule guiding
election petition proceedings.

Justice Wyom further stated that the petitioner applied on June 23,
but failed to make payment for the pre-hearing notice until July 3,
which was outside the seven days provided by law and on the strength
of the Supreme Court authority on this issue.

"The validity of the process starts from when the pre-hearing notice
payment was made and not when it was applied which in turn means the
petitioner paid out of time but applied within time," Justice Wyom
stated.

Earlier in court, counsel to Governor Rochas Okorocha and the All
Progressives Congress, Adeniyi Akintola, moved a motion for the
tribunal to dismiss the petition of the petitioner on the grounds that
they had abandoned their petition, having paid out of the stipulated
time.

While addressing reporters after the judgement, Adeniyi Akintola said
he saw the loophole in their petition and hinged on it.

He stressed that the judgement made would enrich the judicial
jurisprudence in Nigeria.

On his path, the counsel to Honourable Emeka Ihedioha, Mike Ahamba,
stated that, as a senior lawyer, he was embarrassed by the ruling.

"The work abandonment has lost its meaning if a petition that has gone
through pre-hearing session in which all parties participated can now
be described as abandon in other words, the tribunal has overruled the
Supreme Court order on this issue," he said.

He further stated that his client had concluded plans to appeal the
judgement at the Court of Appeal.
-ChannelsTV

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