Anambra Election: Tribunal strikes out petition against Obiano

The Anambra Elections Tribunal on Monday dismissed the petition
of African Peoples Party (APP) challenging the victory of Governor
Willie Obiano in the November 18, 2017 governorship election.

The APP had petitioned the tribunal against Mr. Obiano, All
Progressives Grand Alliance (APGA) and the Independent National
Electoral Commission (INEC) first second and third respondents for
non-compliance to Electoral Act.

Onyechi Ikpeazu (SAN), lead counsel to Mr. Obiano, argued that
the petitioner had not shown enough commitment to pursue the matter
having failed to apply for the pre-hearing notice within the
stipulated period.

He asked the tribunal to strike out the petition since the
Electoral Act did not provide for extension of time within which
the application should be made.

His position was supported by Patrick Ikweto (SAN) and C.O.
Ngoka lead counsels to second and third respondent who argued that
the petitioner had abandoned the matter because they had no
case.

Nnamdi Okere, counsel to the petitioner, appeared when the
ruling was being written and made to announce his appearance, but
was halted by the chairman of the tribunal, Justice H.A. Olusiyi to
avoid distraction.

Mr. Olusiyi said he should allow the tribunal to write the
ruling on what had been heard but assured that he would be allowed
to speak even when it was against the norm.

Efforts by Mr. Okere to be heard before he was called up caused
a row between him and Mr. Ikweto who accused him of unprofessional
conduct.

When he was eventually allowed to speak, Mr. Okere said his
client had not abandoned his case and it should not be struck out
since they were in court.

The counsel said he applied for pre-hearing notice in
handwriting on January 15 but could not provide the receipt or his
own copy of the form.

Mr. Okere prayed the court to produce the application as it
should be in its record or allow him two hours to produce his copy,
a prayer he later commuted to application for adjournment.

In a swift reaction, Surajo Gusau, Secretary of the tribunal,
said he had no such letter in his file nor issued receipt to that
effect as the law required.

Mr. Surajo produced the receipt booklet and informed the court
that Okere’s claim was not true.

In his ruling, Mr. Olusiyi dismissed the application that the
ruling should be stood down adding that the petitioner had not met
the requirement to activate the proper hearing of the case.

He said there was no iota of truth in the claim that the
petitioner applied for pre-hearing notice and even if it was true,
it was done out of time going by the date the petitioner
claimed.

He said the matter was struck out as abandoned.

In a related development, the matter between Paul Obianaso of
the African Democratic congress (ADC) and the same respondents was
adjourned till March 23, 2018, as the petitioner’s counsel Emeka
Egbapuonwu was absent on health ground.

(NAN)

The Anambra Elections Tribunal on Monday dismissed the petition
of African Peoples Party (APP) challenging the victory of Governor
Willie Obiano in the November 18, 2017 governorship
election.

The APP had petitioned the tribunal against Mr. Obiano, All
Progressives Grand Alliance (APGA) and the Independent National
Electoral Commission (INEC) first second and third respondents for
non-compliance to Electoral Act.

Onyechi Ikpeazu (SAN), lead counsel to Mr. Obiano, argued that
the petitioner had not shown enough commitment to pursue the matter
having failed to apply for the pre-hearing notice within the
stipulated period.

He asked the tribunal to strike out the petition since the
Electoral Act did not provide for extension of time within which
the application should be made.

His position was supported by Patrick Ikweto (SAN) and C.O.
Ngoka lead counsels to second and third respondent who argued that
the petitioner had abandoned the matter because they had no
case.

Nnamdi Okere, counsel to the petitioner, appeared when the
ruling was being written and made to announce his appearance, but
was halted by the chairman of the tribunal, Justice H.A. Olusiyi to
avoid distraction.

Mr. Olusiyi said he should allow the tribunal to write the
ruling on what had been heard but assured that he would be allowed
to speak even when it was against the norm.

Efforts by Mr. Okere to be heard before he was called up caused
a row between him and Mr. Ikweto who accused him of unprofessional
conduct.

When he was eventually allowed to speak, Mr. Okere said his
client had not abandoned his case and it should not be struck out
since they were in court.

The counsel said he applied for pre-hearing notice in
handwriting on January 15 but could not provide the receipt or his
own copy of the form.

Mr. Okere prayed the court to produce the application as it
should be in its record or allow him two hours to produce his copy,
a prayer he later commuted to application for adjournment.

In a swift reaction, Surajo Gusau, Secretary of the tribunal,
said he had no such letter in his file nor issued receipt to that
effect as the law required.

Mr. Surajo produced the receipt booklet and informed the court
that Okere’s claim was not true.

In his ruling, Mr. Olusiyi dismissed the application that the
ruling should be stood down adding that the petitioner had not met
the requirement to activate the proper hearing of the case.

He said there was no iota of truth in the claim that the
petitioner applied for pre-hearing notice and even if it was true,
it was done out of time going by the date the petitioner
claimed.

He said the matter was struck out as abandoned.

In a related development, the matter between Paul Obianaso of
the African Democratic congress (ADC) and the same respondents was
adjourned till March 23, 2018, as the petitioner’s counsel Emeka
Egbapuonwu was absent on health ground.

(NAN)