Delta Guber: Tribunal Dismisses APC, O’tega’s requests for Time Extension

The All Progressive Congress (APC) and its governorship candidate in the April 2015 elections, Olorogun O’tega Emerhor lost their motions when they failed on Monday to persuade the three-man panel of the  Delta State Governorship Election Petition Tribunal,  chaired by Justice Nasiru  Gunmi which threw out  another set of  five motions brought by the party and its candidate.

Emerhor and the APC had urged the tribunal to grant them enlargement of time to enable them provide additional information to their petition.  The motion also sought the tribunal’s permission to compel PDP and INEC to furnish the tribunal with more facts about the petition. 

Dr. Alex Iziyon (SAN) counsel to Delta State Governor Dr. Ifeanyi Okowa, stoutly opposed the application arguing  that Section 45(1) of the Electoral Act is not a magic umbrella, adding that the Act forbids the tribunal the powers  to grant the  application. He submitted that rules advanced by the petitioner are not tenable.

Counsels to Peoples Democratic Party (PDP) and the independent National Electoral Commission (INEC)  A.T. Kehinde  and Damian D. Dodo (SAN) respectively ,  also opposed the application, relying on Section 285(1)  of the Constitution of the Federal Republic of Nigeria and Section 134 of the Electorial Act. They argued that the combined effect of the two sections prevents the tribunal from granting the extension  of time. 

Tribunal Chairman, Justice Nasiru  Gunmi, in his ruling on the motion upheld the submissions of the respondents’ counsels declaring that the application lacked merit because it violated  Section 17(1)(2)  of the Electoral Act, as Emerhor and APC  failed to keep within the time limit of 10 days  within which  to file their motion.   

“If  a party in an election petition  wishes  to have  further  particulars or other directions about the tribunal, such party may do so at  any time but not more than 10 days after the filing of the reply from the respondents”, Justice Gumi said, pointing out that if the party does not apply as provided for in  the Electoral Act , it is  taken that they do not require any further particulars or direction", and the prayers  shall be granted.

He held that the applicants’ application is in breach of Section 17(1) of the first schedule of the Electoral Act, which requires the applicants to file their application within 10 days, as the time allowed has expired, and that the question now is whether the tribunal can extend the time. “In a situation like this, the tribunal is bound to exercise its powers as contained in Section 17 (1) of the Electoral Act.  Equally Section 17(2) prohibits this tribunal from extending time, it restricts the tribunal from exercising such power for time extension” , Justice Gumi said.
He ruled that “If the tribunal lacks powers to grant a particular relief, it is duty abound to refuse such application, in the end we agree with the submission of the respondents’ counsels (PDP ,INEC) ,  in the end we refuse this application and it accordingly dismissed”. 
Counsel to Emerjor, Thompson Okpoko argued earlier that Section 17(1) (2), of the Electoral Act permits what his client was asking for. He argued that if a party to an election petition wishes to have better and further particular, he could apply to the tribunal. He argued that  by reason of that provision that has prompted them to file the motion  for time enlargement the application was brought because they were unable to meet the stipulated time as contained in the electoral act.

In a similar motion brought by APC and Otega, through its counsel, Mr. Okpoko, the petitioners sought the  leave of the tribunal  to call  for seven additional witnesses but it was opposed by Dr. Iziyon who submitted that the petitioners failed to carry out the mandatory front loading in their previous petitions and motions and urged the court to also dismiss the application.

The tribunal will on Wednesday 5^th August, 2015 rule on  whether to allow the APC and O’tega to call  for   seven additional witness in the petition.