PoliticsDelta Election Tribunal: PDP’s Attempt To Block APC From Tendering Documents Fails...

Delta Election Tribunal: PDP’s Attempt To Block APC From Tendering Documents Fails As Court Overrule Objections

SAN FRANCISCO, September 04, (THEWILL) – An attempt by counsel to the Peoples Democratic Party (PDP), Independent Electoral Commission (INEC), as well as Governor Ifeanyi Okowa to block All Progressives Congress (APC) and its gubernatorial candidate in the April governorship election in Delta State, Olorogun Ortega Emerhor from tendering documents allegedly listed in their pleas met a brick wall Friday as the tribunal overruled their objection and admitted the documents as exhibit.

As the resumed hearing of the Delta State Governorship Election Petition Tribunal sitting in Asaba, counsel to INEC, PDP and Governor Okowa , Mr. Ken Mozie (SAN), Mr. Timothy Kehinde (SAN) and Animoye O, respectively, had raised the alarm that the petitioners’ counsel, Chief Thompson Okpokor (SAN), was trying to tender electoral documents through the back door.

They argued that the counsel to APC and its gubernatorial candidate in the governorship election, Olorogun Otega Emerhor , were applying non-legal methods in the prosecution of their case.

Okpokor had sought the leave of the court to tender unit-by-unit election result sheets as contained in form EC8 A through one of his witnesses, Mr. Oreh Ohimar, a lawyer and the Director of Administration and Operations in Ortega’s campaign organisation.

But in a swift reaction, Ken Mozie (SAN), the lead counsel to Governor Ifeanyi Okowa, vehemently opposed the move, arguing that the documents sought to be tendered were neither in the pleas nor listed in the witness statement on oath.

He posited that the documents listed in the witness statement on oath are form EC8D and EC8E and not form EC8A and that any attempt to tender form EC8A would amount to subverting due process and obtaining justice through the back door.

He said: “We object to the admissibility of these documents, the fundamental foundational requirement were not met , in paragraph 14 of the witness statement, only form EC8D and form EC8E were pleaded, in their reply to our reply, it was not pleaded, no reference was made to the document sought to be tendered, listing the document will not cure it if it was not accommodated in their pleading. We urged the tribunal to reject it.”

In his submission, counsel to PDP, Timothy Kehinde (SAN), noted that it is an elementary principle of law to put the parties on notice and not by surprise, as the document sought to be tendered must be specifically pleaded .

He said an unpleaded document cannot be admitted even when the document was mentioned in the witness statement, adding that in the instant cases, the document was not mentioned in the witness statement on oath, neither was it pleaded.

INEC counsel, O. Anumonye, while arguing in the same vein, pointed out that “the document sought to be tendered by APC and O’tega were not referred in the witness deposition”, adding “having pleaded over voting by tendering forms EC8D and form EC8E, pleading form EC8A will constitute springing a surprise.”

In a brief ruling, however, the chairman of the three-man panel of the tribunal, Justice Nasiru Gunmi, said there were enough facts to plead the election result, that the petitioners have listed the document as one of the documents and result that they will reply on, he therefore over ruled the objection and admitted it as exhibit.

About the Author

Homepage | Recent Posts

More like this
Related

CBN Sets N500bn, N200bn Minimum Capital Base For Commercial Banks With International, National Licences

March 28, (THEWILL)- The Central Bank of Nigeria (CBN),...

Tinubu Appoints Abdullahi Bello New Chairman Of Code Of Conduct Bureau

March 28, (THEWILL)- President Bola Tinubu has approved the...

First Lady Remi Tinubu Pledges N1bn To Fight Tuberculosis In Nigeria

March 28, (THEWILL)- Nigeria's First Lady, Senator Oluremi Tinubu,...