Tribunal removes PDP as petitioner in Edo

By Osemwengie Ben Ogbemudia, Benin  

 

The three-man Edo State Governorship Election Tribunal headed by Justice Suleman Ambrusa yesterday began its sitting over the petition by the Peoples Democratic Party (PDP) governorship candidate in the July 14 election, Major General Charles Airhiavbere (rtd) challenging the re-election of Adams Oshiomhole of the Action Congress of Nigeria (ACN). Other members of the panel included Justices Esor Teetito and Danlami Senchi. 
Ambrusa appealed for cooperation from members of the Bar and the parties in the case just as he said they would not be intimidated in the discharge of their duties. 
 “We solicit for your cooperation throughout the duration of proceedings. On our part, we assure that we will abide by our oaths of office, we will give the parties fair hearing and ensure that justice is done to all parties. 
“We will, however, not succumb to any form of intimidation in the delivery of our duties. We urge you to give the best to your clients to ensure fairness in the temple of justice. We should not hang on certain technicalities to delay this matter.”
Efe Akpofure (SAN) led 12 other lawyers as counsel to Airhiavbere, while Rickey Tafa (SAN), Niyi Akintola (SAN) and Omoruyi Omonuwa (SAN) led seven other lawyers for Oshiomhole’s team.  Adetunji Oyeyipo (SAN), Ken Mozia (SAN) and Rotimi Ogunreso (SAN) led the legal team of the ACN. 
But there was a mild drama between counsel to the PDP Kingsely Obamogie and that of Airhiavbere, Efe Akpofure (SAN) when Obamogie argued that Akpofure did not get the permission of the PDP to include it in the petition since the party had indicated its decision not to challenge the result of the election.
Obamogie said he relied on Order 9 Rule 35 (1) of the Federal High Court, Civil Procedure Rule 2009 which stated that change of counsel does not need to be formally granted by the court but that through a notification letter such changes could be effected.
It took one hour 34 minutes for the two supposed partners to argue their position before the panel ruled that the application by Obamogie that the PDP be removed from the petition. Ambrusa ruled that “The name of the second petitioner/applicant, PDP, is hereby struck out and the petition now reads Major General Charles Ehigie Airhiavbere (rtd) vs Adams Oshiomhole and 4 others.” There was no noticeable presence of PDP leaders in the court except its counsel. 
Summing up the day’s proceedings, the panel chairman said “Whatever is the case, no adjournments once we start, we must finish our work within the stipulated time. Let us abide by the simple procedure we have agreed with counsels”
Speaking to journalists shortly after the sitting, Edo State deputy governor Pius Odubu called on Airhiavbere to tow his part

y’s line by withdrawing his petition. He said he had confidence on the panellists. “Looking at the credibility and capacity of the panellists, there is no doubt in my mind, and at the end of the day full justice will be served.I wouldn’t say I am excited but I think the first petitioner should also be encouraged to withdraw his petition because there is absolutely nothing in the petition”.
On his part, the ACN state chairman, Thomas Okosun said “It is very clear to us that the people of Edo state voted on July 14, that ACN was the party they wanted. Adams Oshiomhole and Pius Odubu are the ones they wanted because what they  have done for the people and for anybody to think they can turn that, is an exercise in futility. I want to assure you that the same result that we got in the poll is what we will get at the tribunal.”

SOURCE: 5 September 2012.