Edo election: YDP, APC, Obaseki battle at tribunal

The legal battle over the conduct of the September 28, Edo State governorship election by the Independent National Electoral Commission (INEC) on Thursday commenced at the Election Petition Tribunal sitting in Benin- City.

BusinessDay reports that the battle at the tribunal yesterday was between the Young Democratic Party (YDP), INEC, the All Progressives Congress (APC) and Governor Godwin Obaseki, the declared winner of the election.

At the tribunal, INEC, APC and Governor Godwin Obaseki filed an application challenging the jurisdiction of the court to entertain the petition of the candidate of the Young Democratic Party, Nurudeen Inwanfero over the non-inclusion of the party’s logo at the ballot papers.

In an interview with newsmen at the premises of the court, counsel to the Young Democratic Party, candidate, Ugo Nwofor said APC, INEC and Governor Godwin Obaseki challenged the jurisdiction of the court to hear the petition because of its two petitions before it.

“According to him, they were challenging the jurisdiction of the court based on the fact that we have two petitions and that is why they don’t want us to withdraw one. They said the court is not competent because we have two petitions.

“The crux of our petition is that we were excluded from the election and we pray the court for outright cancellation of the election”, he said.

Nwofor who is also the National Adviser of the party explained further, “on 19th of October when we filed this application there were two petitions pending. We have petitions number one and three, and we filed notice of discontinue for petition number one and now we want to withdraw petition number one.

He added that the petition was withdraw because of some typographically errors observed at the petition, opining that  petitioner was at liberty to file as many petitions  and withdraw any one it want to discontinue with.

He stated that the contents of petition number one and three are the same, noting that petition number three was with little amendments.

“Petition number one is the same content with petition number three but with little amendments, and before it was served we filed a notice of discontinues and that is why APC, Obaseki and INEC are now battling that they want both petitions. We don’t want to file petition number one and they said we must file it. Must you force me to file petition one. I don’t want to file petition number one and in fact it has been tactically withdrew but they are saying that we must file petition one and three. It is unheard off”, he stated.

On his part, counsel to APC, Lateef Fagbemi averred that law prescribed methods and procedures for withdrawal of petition.

Fagbemi contended that the prescribed procedures must be followed before the petition can be withdrew and discontinue.

“In discontinuing of the action laws prescribes what methods or procedures to be followed. Until we get to that bridge we can’t say anything but when we get to the bridge we will cross it. It is enough that we have not been served with any hearing notice fixing the matter for today in respect of the petition in which the petitioner said he has withdrew whether the action has been properly withdraw or not will be discussed at the next date of adjournment and certain penalties or consequences follows”, he explained.

Chairman of the three-man tribunal, A.T Badamasi however adjourned the matter to December 2, 2016 for hearing and defending of the application of withdrawal and other related matters.