·
APC pleads for time to Certify Documents
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 O’tega 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 at the Election Petition Tribunal sitting in Asab, Thursday , counsel to APC and O’tega , Chief Thomson Okpoko (SAN) had moved a motion praying the court for adjournment to enable him 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 Damien 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 O’tega can submit whatever document in their possession 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 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 vain, counsel to PDP , Akinlolu Timothy Kehinde (SAN) urged the tribunal not to grant APC the adjournment, saying that doing so would mean overreaching the petitioner and thus delay the proceedings.
He pointed out that “the documents were certified and given 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, pointing out that the tribunal had already granted such request on 25, 26, 27, and 28 of August 201., He submitted 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 petition 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 till September 4th, 2015 for continuation of trial.
At the resumed hearing at the Election Petition Tribunal sitting in Asab, Thursday , counsel to APC and O’tega , Chief Thomson Okpoko (SAN) had moved a motion praying the court for adjournment to enable him 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 Damien 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 O’tega can submit whatever document in their possession 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 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 vain, counsel to PDP , Akinlolu Timothy Kehinde (SAN) urged the tribunal not to grant APC the adjournment, saying that doing so would mean overreaching the petitioner and thus delay the proceedings.
He pointed out that “the documents were certified and given 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, pointing out that the tribunal had already granted such request on 25, 26, 27, and 28 of August 201., He submitted 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 petition 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 till September 4th, 2015 for continuation of trial.
No comments:
Post a Comment