Posted by By Tony Osauzo,Benin on
With this declaration, the Edo State election petition tribunal, yesterday refused an application by Edo State Governor, Prof. Oserheimen Osunbor, the Peoples Democratic Party (PDP) and INEC, to dismiss Comrade Adams Oshiomhole and Action Congress (AC) petition challenging the conduct of the April 14, 2007 governorship election in the state.
With this declaration, the Edo State election petition tribunal, yesterday refused an application by Edo State Governor, Prof. Oserheimen Osunbor, the Peoples Democratic Party (PDP) and INEC, to dismiss Comrade Adams Oshiomhole and Action Congress (AC) petition challenging the conduct of the April 14, 2007 governorship election in the state.
In the ruling which was delivered by chairman of the tribunal, Justice Olabanji Orilomishe, the tribunal further held that, the weight of judicial authorities have shifted from undue reliance on technicalities to doing substantial justice even handed to parties in a case.
In their preliminary objections, Osunbor, the PDP and INEC had challenged the tribunal's jurisdiction to entertain Comrade Adams Oshiomhole and AC election petition.
Their Counsel, Dr. Alex Izinyon (SAN) for Osunbor and the PDP, and Mr. Roland Otaru (SAN) for INEC, had argued among other grounds, that the petition was incompetent and did not comply with provisions of the Electoral Act because it was not duly signed by counsel, that scores of other candidates at the election were not stated, that necessary parties like the police and other security agents were not joined, while non-juristic persons, who ought not to have been joined, were joined.
After reviewing argument of counsel for and against the preliminary grounds of objection, the tribunal held that it was satisfied that Oshiomhole's petition was signed by his solicitorsThe days of justice by technicalities which is as bad as injustice are over and that the petition complied with the Electoral Act.
The tribunal further held that it was satisfied that the scores of candidates at the election were pleaded in the petition, but pointed out that the non-indication of the scores of other candidates, who lost at the election could not be fatal to the petition.
On the issue of non-joinder of relevant parties and joinder of non-juristic persons, the tribunal ruled that since the security agents acted on behalf of INEC, their joinder was unnecessary. It, however, agreed with the applicants that the petitioners ought not to have joined non-juristic persons, who were adhoc staff, who acted on behalf of INEC.
The tribunal therefore, struck out the 23rd to 214th respondents, who were INEC adhoc staff from the petition, just as it struck out some paragraphs of Oshiomhole's petition relating to the roles played by the adhoc staff.
Expressing appreciation to the applicant's counsel for their scholarly argument, the tribunal observed that they ought not to have 'dissipated so much energy and spend so much time in attempt to kill the case in its embryonic stage by all means."
Consequently, the tribunal declined the prayers of Osunbor, the PDP and INEC to dismiss Oshiomhole and AC petition, just as it refused to award costs.
Meanwhile, Counsel to Osunbor and the PDP, Dr. Alex Izinyon has indicated willingness of his clients to appeal the tribunal's ruling.
'The ruling is 50 - 50. It's not the issue that we lost in our objection. We have to test it somewhere upstairs. If the Court of Appeal says the tribunal is right, we have to abide by its decision," he said, adding that they intend to challenge the tribunal's decision to assume jurisdiction on the issues raised.
Reacting to the ruling, Comrade Adams Oshiomhole expressed confidence in the ability of the judiciary to do justice.