The Governorship Election Petition Tribunal in Asaba Monday
up held the election of Dr. Ifeanyi Okowa as the duly elected governor of Delta
State, when it dismissed the two petitions of the opposition parties and their candidates
in April 11, 2015 elections.
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| Victorious Governor Okowa |
The judgments were delivered at separate times in the
crowded high court in GRA, Asaba.
The first judgment was on the petition filed by Labour Party
(LP) and its candidate, chief Great Ovedje Ogboru in which the petitioners
sought the declaration of the tribunal that the said election was invalid by
reason of non compliance with the law. They also sought a declaration that the
election conducted by the Independent National Electoral commission (INEC) was
invalid by reason of corruption, and a
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| Chief Great Ogboru, Labour Party Governorship candidate |
declaration Governor Okowa was not duly
elected. They urged the tribunal to declare that section 178 of the Constitution
was not fulfilled by Okowa because he did not get two-third of votes cast in
the required number of local governments in the state. They also sought a
declaration that the declaration of Okowa as the duly elected governor of Delta
state was null and void. The petitioners also contended that there was over voting
as the votes exceeded the number of accredited voters captured by the card
readers. That the tribunal should declare that there was swiping of the card reader.
Reviewing the case and the submissions of counsels, the
tribunal recalled that Okowa, the first respondent, through his counsels Dr.
Alex Iziyon (SAN) and Chief Ken Mozia (SAN) denied all the allegations, stating
among other things that card reader was used
as well as the voters register was used for accreditation. He argued
that card reader alone cannot be used because where card reader fails resort
must be to the use of the voters register as provided by the Electoral Act. The
counsels.
Counsel to the second respondent, PDP, Mr. Akinlolu Kehinde
(SAN) submitted that the election was held in substantial compliance with the
law. That there was no corrupt practice as alleged by Ogboru and LP, adding
that the use of the card reader was not contemplated by the Electoral act, and
that there was no over voting because the PDP denied claims of hijack of voting
materials.
The tribunal recalled that INEC, the third respondent, was
not brought with due process of the law and the petition should be dismissed
because the election was held in substantial compliance with the law. INEC
pointed out that here was no over voting during the election, that the
petitioners were in error to use the card reader only as the basis to capture
the voters without taking cognizance of voters accredited manually using the
voters’ register.
In the judgment of the tribunal headed by Justice Nasiru Gunmi,
it held that LP and Ogboru had locus standi in bring the petition. It held that
the card reader had the problem of integrity and other challenges bordering on
availability of network and the server being in active service.
The tribunal judgment made specific reference to PW 15, Mr.
turner Ogboru, described as blood brother of Great Ogboru (petitioner), who
said he did not use voters register in his analysis because INEC did not give
him a copy. The tribunal recalled that PW 15 said he never had the opportunity
to check any card reader. “He did not play any role in the uploading of data
from the card reader into INEC’s server. The evidence of PW 15 cannot be used
as basis to determine the functionality of the card reader,” the tribunal held,
pointing out that the deposition of PW 16 was struck out because it was
smuggled in.
According to the tribunal, PW 1 said she could not vouch for
the integrity of the card reader. “Evidence of PW 1, knocked down the evidence
of PW 15 and PW 16,” the tribunal said, adding: “We hold that the transmission
of data was not automatic since transmission was subject to the server being in
operation. There was no credible evidence to prove that the card reader is
reliable.”
Therefore, the tribunal declared that the petitioners had
not proved that the election of April 1, 2015 in Delta state was characterized by
over voting.
On the allegation of corruption, the tribunal said: “It is a
settled issue that the person who alleges corruption is that one that has the
onus of proof. PW 15 did not provide any proof to show that corrupt practices
were engaged in during the elections. The issue of corruption is resolved
against the petitioner and in favour of the respondents.”
Besides, the tribunal also held that the petitioners did not
prove the grounds of the claims, and “the petition is hereby dismissed with
N50,000 to each of the respondents.
For Governor Okowa, news of the dismissal of the petition
was cheering news for which God is to be praised. At the thanksgiving service
in the New chapel of Government House, Asaba, he expressed gratitude to God for
the turn of events at the tribunal even as he commended the right of the
petitioners to exercise their right to go to court.
Accompanied by his wife, Edith, and flanked by Senator James
Manager, the Deputy Governor, Kingsley Otuaro, Okowa said: “It was their right
to to go to court. They have exercised that right. But they really had nothing
to hold on to except the card reader. April 11, 2015 election was the first
election that in Delta State in which no one died. It is time to rejoice, and
it is also time to rejoice more in the Lord.”
Okowa commended the judges for being thorough. “I
congratulate the tribunal panel for taking the right decision. I call on my
brothers, O’tega and Ogboru to join hands with me to bring prosperity to every
Deltan. They have not lost, because they are Deltans. I extend my hand of
fellowship to them. I look forward to them to join us, and I urge them to bring
those ideas they have so we can put them together for the benefit of Deltans.
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