Posted by From TONY OSAUZO, Benin on
Traffic and commercial activities were temporarily brought to a halt in Benin City, the Edo State capital yesterday when residents and supporters of the Action Congress (AC) governorship candidate, in the last April election, Adams Oshiomhole
Traffic and commercial activities were temporarily brought to a halt in Benin City, the Edo State capital yesterday when residents and supporters of the Action Congress (AC) governorship candidate, in the last April election, Adams Oshiomhole trooped to the streets to celebrate the ruling of the Court of Appeal sitting in Benin, adjourned sine die hearing on the appeal brought by Governor Oserhiemen Osunbor and the National Independent Electoral Commission (INEC), against the ruling of the Edo election tribunal which had earlier dismissed their preliminary objections against Oshiomhole's petition.
The Court of Appeal had in a unanimous decision held that the appeal was an interlocutory injunction which could not be entertained until the Edo State election petition tribunal completes the full trial of Oshiomhole's petition.
In the ruling, which was delivered by Justice Saka Ibiyeye and affirmed by his colleagues, the appellate court refrained from going into the merits and demerits of the case, explaining that the appeal could only be heard at the conclusion of Oshiomhole's petition at the lower tribunal.
The court cited the provisions of the practice direction of the election petition tribunal which it held was against interlocutory decisions on the election matters in order to create room for speedy trials.
The appellate court therefore adjourned the appeal sine die.
The Edo State election petition tribunal had on July 4, 2007, in a unanimous ruling read by its Chairman, Justice Orilonishe Olabanji, turned down preliminary objections raised by the INEC and the PDP, who are respondents in Oshiomhole and AC petition.
Both the INEC and the PDP had argued that Oshiomhole's petition was not properly filed and urged the tribunal to strike it out.
The tribunal, however, held that the respondents preliminary objection lacked merit and that the era of justice by technicalities was gone for good.