Election Petitions Tribunal in Edo, on
Thursday in Benin, ruled that it had jurisdiction to entertain the
petition challenging the election of Governor Adams Oshiomhole in the
July 14 governorship election, NAN reports.
Retired Maj-Gen. Charles Airhiavbere of the Peoples Democratic Party filed the petition against Oshiomhole.
Airhiavbere had alleged that Oshiomhole
did not possess the minimum qualification and that the modern school
certificate presented by him (Oshiomhole) before Independent National
Electoral Commission was fake.
He also alleged that INEC did not conduct the election in compliance with the provisions of the Electoral Act 2012 (as amended).
Named as co-defendants in the petition
were Action Congress of Nigeria, INEC, the Edo Resident Electoral
Commissioner and INEC Returning Officer.
The tribunal had on September 4,
following an application by the PDP, struck out its name as a
co-respondent petitioner in the petition.
But Oshiomhole on Wednesday brought an application challenging the competence of the tribunal to entertain the petition.
Oshiomhole’s counsel, Wole Olanipekun
(SAN), had urged the tribunal to dismiss Airhiavbere’s petition for lack
of competence and jurisdiction.
Olanipekun argued that only the Federal
High Court had the jurisdiction to hear the case, citing several
authorities to back his submission.
But Efe Akpofure, counsel for the
petitioner, who described the respondents’ application as premature,
urged the court to dismiss their application.
Akpofure also urged the court to take a holistic view of the petitioner’s case along with his pleadings.
He said the Electoral Act 2010, as
amended, did not preclude the tribunal‘s jurisdiction from hearing and
nullifying an election if it discovered a candidate used falsified
certificate to contest such.
