19th June, 2015
Jethro Ibileke/Benin
The Edo State Election Petition Tribunal on Thursday dismissed the petition filled by the state chapter of the Peoples Democratic Party (PDP) and its candidate in the Akoko-Edo federal constituency in the 28 March national election, seeking to unseat the declared winner of the election.
PDP and its candidate, Oladele Bankole-Balogun, had filed the petition challenging the victory of the candidate of the All Progressives Congress (APC), member representing Akoko-Edo Federal Constituency, Peter Akpatason.
The Tribunal threw out petition of the PDP on the ground that it was not properly filed in accordance with the Electoral Act.
Akpatason had through his Counsel, Ken Mozia, challenged the petition of the PDP and its candidate on the ground that the petition of the party was signed for but the person did not indicate his or her name as stipulated in the law.
Akpatason also challenged the composition of the petition where he asked that certain paragraphs seemed to make the document clumsy and be also struck out.
Led in judgement by Justice A. R. Ozoemena, the Tribunal took time to analyse the arguments adduced by Counsels to both parties and faulted the joint petition filed by the Peoples Democratic Party (PDP) and its candidate Bankole-Balogun, asserting that the failure by the PDP to sign the petition filed before the Tribunal was a clear negation of the Electoral Act.
“As it seems there is no petition before the Tribunal since there was no attempt by the PDP or its agents to sign on behalf of the party. The petition lacks merit and therefore struck out in its entirety,” Justice Ozoemena declared.
The Tribunal also struk out allegation of manipulation of the election results and violence made by the PDP candidate against some persons in the petition.
While striking those paragraphs from the petition, the Tribunal pointed that “the offences level against these persons are criminal in nature and such a situation the affected persons are supposed to be joined in the petition because the law says such persons should be joined as necessary parties. In this case they were not joined in this petition and it will be wrong to give judgment when the persons are not given the opportunity to defend themselves, the paragraphs are therefore struck out.”
On the signature by proxy for the petitioner, the Tribunal ruled that the it will not accept signature by proxy as stated explicitly in the Electoral Act.
“The petition therefore was inappropriately filed and is rendered invalid,” the Tribunal held.
Counsel to Akpatason and the APC, Ken Mozia (SAN), described the ruling as victory for democracy, noting that “the panel were meticulous in their judgment.”
Candidate of the PDP in the election, Bankole-Balogun has however said he is considering appealing the judgement of the Tribunal.