…APC pleads for time to Regularize Documents
Tribunal Adjourns to 4th September
The
Independent National Electoral Commission (INEC) and Peoples Democratic Party
(PDP) have accused the All Progressive Congress (APC) and its gubernatorial
candidate in the governorship election in Delta State, Olorogun Otega Emerhor,
of stalling trial in the election petition they filed challenging the victory
of Governor Ifeanyi Okowa at the april 2015 polls.
At
the resumed hearing of the trial of the Delta State Governorship Election
Petition Tribunal sitting in Asaba, yesterday , counsel to APC and O’tega ,
Chief Thomson Okpoko (SAN) had moved a motion praying the court for adjournment
to enable it get certified copies of his petition documents from INEC.
He
had argued that most of the documentations were not properly certified as
stipulated by the supreme court, adding that , the true and proper
certification would be done by INEC administrative secretary.
But
INEC counsel Chief Danien Dodo (SAN) raised an objection , saying that APC and
O’tega’s in ability to secure a genuine certification was an act of negligence
as they have all the opportunity to do so before approaching the tribunal.
He
prayed the court not to grant APC another adjournment as that would amount to
stalling the trial noting that ample time have been lost since the tribunal
commenced sitting.
He
argued Further that, the trial can go on, and that APC and Otega can submit
whatever document in their position whether certified or not, as the tribunal
would give them the opportunity of sending in their documents on or before the
end of the trial.
He
also averred that INEC can avail them the opportunity of using its documents to
continue with the trial as both parties will be relying on the same paper to
present to the tribunal.
Arguing
in the same vein, counsel to PDP , Timothy Kehinde (SAN) urged the tribunal not
to grant APC the adjournment saying that, as doing so will mean overreaching
the petitioner and thus delay the proceedings.
He
pointed out that “the documents were certified and giving to the petitioners in
February 15, while we responded, we submit that , it will be an act of bad
faith for the petitioners if they just discovered the imperfection in their
certification , it is trite law, public documents that has not been certified
can be put in after which it can be certified.
He
lamented the incessant request for adjournment from the petitioners adding that
, the tribunal had already granted such request on 25, 26, 27, and 28 of August
2015, adding that any further request for adjournment for the purpose of
certification of documents would amount to injustice on the part of the
respondents and the general public.
Dr.
Alex Izyion, (SAN), counsel to governor Ifeanyi Okowa, in his submission prayed
the court to dismissed the motion saying that the petitions is sue jeneris as
the tribunal has little or no time left, adding that section 46 of the
Electoral Act limits the request being sought.
Chairman
of the three-man panel tribunal , Justice Nasiru Gunmi in his ruling said it
has become necessary to grant the petitioners time to regularizes their
document as that will ensure that the parties are giving fair hearing, he
therefore adjourned the matter to 4th September, 2015 for continuation of
trial.
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