The Delta State Election Petitions
Tribunal sitting in Asaba, on Tuesday, frowned on the failure of the
counsel for the Independent National Electoral Commission, Mr. Danian
Dodo (SAN), to commence defence by calling the witnesses listed to
testify before the tribunal.
The All Progressives Congress and its
governorship candidate, O’tega Emerhor, is challenging the declaration
of Governor Ifeanyi Okowa by INEC as the winner of the April 11
governorship election at the tribunal.
At
the resumed hearing of the petition, INEC was expected to open its
defence by calling its witnesses as well as present its documentary
evidence for adoption and closing its case.
Dodo, who was represented by Mr. Onyinye Anumonye, pleaded for a second adjournment.
Anumonye, who moved an oral application,
told the tribunal that the document INEC sought to tender was not
available as of Tuesday, adding that an INEC witness, who was billed to
testify at the tribunal, called to say that she was indisposed.
Counsel for Emerhor and the APC, Chief
Thomson Okpoko (SAN), objected to the application on the grounds that
the excuses given were not tenable, noting that the tribunal had less
than 30 days to deliver its judgment.
In his ruling the tribunal Chairman,
Justice Nasiru Gunmi, faulted the adjournment sought by INEC, saying the
tribunal would shorten the time for the counsel for the litigants to
adopt their written addresses.
“We frown on this adjournment sought by
the 3rd respondent (INEC) to the 5th respondent when the tribunal does
not even have up to 35 days or thereabout to deliver its judgment,”
Justice Gunmi added.
He explained that due to the
adjournment, the tribunal would abridge the time for counsel to submit
and adopt their written addresses not more than two weeks from September
30 in order to give the tribunal at least two weeks to write and
deliver its judgment.
He adjourned till Wednesday next week for resumption of hearing, when INEC is expected to open its defence
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