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After a pulsating five hours, the A.M. Abubakar-led 3-man Election Petition Tribunal sitting in Asaba, Delta State capital, on Saturday September 7, 2019, in a unanimous judgment, dismissed the petition filed by the PDP House of Representatives candidate for Delta Central, Hon. Evelyn Oboro in the February 23 National Assembly election, for lack of merit, thus affirming Senator Ovie Omo-Agege as the winner of the Delta Central Senatorial election.
The Tribunal which started sitting few minutes after 10:am, commenced the delivering of judgment, first, with the determination of all preliminary objections and other interlocutory applications that were filed in the course of the trial, by both the respondents and the petitioners. And one after the other, the Tribunal resolved them in favour of the 2nd respondent, Senator Omo-Agege. This exercise which took nearly 2 hours or more with nearly all of them resolved in favour of the respondents, paved the way for the final determination of the substantive petition.
In considering the substantive petition, the Tribunal stated that there were four issues formulated for determination by the petitioner. These include whether the 2nd respondent, Senator Omo-Agege was not disqualified in accordance with the provision of the Electoral Act, 2010 as amended, following the judgment of the Federal High Court in Asaba.
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The second issue before the Tribunal for determination was whether an alleged non-compliance with the provision of the Electoral Act 2010 as amended as well as electoral malpractice by the 2nd respondent in the February 23, election would not necessitate a rerun in some areas affected, thus leading to the disenfranchisement of some eligible voters.
The tribunal also considered the third issue for determination as to whether there were substantial irregularities in the election that can warrant the cancellation of some units and wards and fourthly, the issue as to whether the petitioner scored the highest number of eligible votes in the February 23, 2019 Senatorial election in Delta Central and should not be returned as winner.
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In considering issue one which deals with an alleged disqualification of the 2nd respondent, Senator Omo-Agege, the Tribunal noted that the judgment of the Federal High Court in Asaba which ruled that the Senator was not qualified at the time of election, was set aside on appeal by the Court of Appeal, Benin Division. The Tribunal considered several authorities including the Supreme Court case of PDP v. Ezionbuka, 2018 and the provision of Section 138 of the Electoral Act, and held that when a higher court of competent jurisdiction set aside the judgment of a lower court, it means that such decision of the lower court is null and void and never happened or existed in the first place. It therefore resolved issue one in favour of the 2nd respondent, Ovie Omo-Agege.
READ: Election Tribunal sack Kalu, orders rerun within 90days.
On issue two, the Tribunal referred to the allegations by the petitioner of non-compliance to the Electoral Act and guidelines which resulted in disenfranchisement of some voters in some voters’ units in Udu Local Government Area. The Tribunal referred to several authorities, including the Supreme court judgment of Emmanuel v. Umana & ors, which spelt out the requirements for a voter to claim disenfranchisement, adding that the voter himself must testify along with his voters’ card and the voters’ register indicating his name not tipped as having voted. The Tribunal noted that those whom the petitioner claimed to have been disenfranchised by an alleged non-compliance did not satisfy the requirements of disenfranchisement and could not so proved with evidence. The Tribunal therefore resolved Issue two in favour of the respondents.
The Tribunal took issues 3 and 4 together in which the petitioner claimed to have scored the highest number of valid votes and irregularities. According to the Tribunal, while the petitioner challenged the result of 1,866 units where there were irregularities, it was only able to call 15 witnesses, adding that the petitioner must have abandoned its allegation of irregularities in over 1,800 units for failure to call witnesses. Citing the case of Akeredolu v. Mimiko and other authorities with respect to irregularities, the Tribunal resolved issues 3 and 4 in favour of the respondents.
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In conclusion, the Tribunal in a unanimous judgment, dismissed the petition for lack of merit, thus reaffirming the election the election of Senator Ovie Omo-Agege as the Senator representing Delta Central Senatorial district of Delta State.
Fielding questions from newsmen shortly after the judgment, learned counsel representing the 2nd respondent, Matthew Omonade Esq, described the Tribunal judgment as very sound and very intelligent, adding that by the judgment, justice was not only done, but manifestly seen to be done.
READ: Prince Austin Isire Congratulates President Buhari On His Tribunal Victory.
“The judgment was very sound and intelligent. Justice was not only done, but manifestly seen to be done. I commend the judges’ sagacity. This has further shown that the judiciary still remains the hope of the common man”, he said.
In a swift reaction to the judgment, the petitioner indicated that she will go on appeal to address what she has termed injustice.
Meanwhile, The Delta State chairman of the All Progressives Congress, Prophet Jones Ode Erue has congratulated Senator Ovie Omo-Agege over his victory on Saturday at the National Assembly Election Tribunal just as he said that the victory not only drowns the petitioner, Evelyn Oboro but other detractors from all quarters.
Reacting to the victory at the Tribunal, Erue noted that the victory was achieved against the expectation of detractors from all quarters.
He said, “Let me congratulate you on your well-deserved victory at the elections petition tribunal over the combined forces of our political detractors. Your victory at the National Assembly elections tribunal in Asaba, is an affirmation of the confidence reposed in you by the electorates, having been satisfied with your sterling representation in the 8th Senate.
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“The celebration that greeted your victory today in Asaba and the entire country is a testimony and a reward for all the great works and impacts you have made on the lives of Deltans and Nigerians in general, since your assumption of duties as Deputy President, Senate of the Federal Republic of Nigeria.
“You’re truly a leader to behold and a source of inspiration to all and sundry. I truly confess that being on board your political cruise is one of my most memorable and wonderful moments of my political sojourn. Let the world know that, “what cannot be wholly understood cannot be wholly destroyed”.
Responding to the judgement, the Senatorial candidate of the Peoples’ Democratic Party (PDP) in Delta Central District, Rt. Hon. Evelyn Omavowan Oboro has expressed dissatisfaction over the judgment of the Tribunal sitting in Asaba which dismissed her petition challenging the outcome of the Delta Central Senatorial election held on 23rd February 2019.
In a statement signed by her Media and Publicity Director, Hon. Sunday Apah, the former Federal Lawmaker who represented Okpe, Sapele, Uvwie Federal constituency in the 7th and 8th National Assembly also frowned at the refusal by the tribunal to make available the copy of the judgment despite applying for same as the elections-related matters are time-bound.
The statement explained: “Our petition was the first petition filed before the registry of the tribunal and also the first petition where the trial was commenced and concluded. it is worthy of note that we were abruptly forced to close our case by the tribunal despite having witnesses who had not testified.
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“Trial in the petition was concluded on 17th of June, 2019 but it took the tribunal more than two months before it could deliver judgment knowing fully well that election matters are time-bound. The same tribunal delivered judgment in a matter which had not even commenced at the time trial in our case was already concluded.
“We have decided to appeal the judgment and copy of the judgment needed by our counsel to file Notice of Appeal is not yet ready after the closure of our case over two months ago and the Tribunal is aware of it as time has started running”.
While appealing to her teeming supporters to be calm as the gross injustice called judgment will be set aside on appeal by God’s grace, the court is the hope of the common man.
The statement also appealed to the tribunal to urgently make an available copy of the judgment in order to reclaim the mandate which was given to her by the majority of the electorates in the district.
The statement concluded with the biblical prophecy of Psalm 30:5 that “weeping may tarry in the night but joy cometh in the morning”
