All Progressives Congress (APC) lead counsel, Dr Alex Izinyon (SAN), and Governor Sheriff Oborevwori’s counsel, Damian Dodo (SAN), disagreed yesterday at the pre-hearing conference at Delta state Governorship Election Petitions Tribunal in Asaba, Delta Capital.
In the petition EPT/DL/Gov/3/2023, Governor Sheriff Oborevwori of the People’s Democratic Party, (PDP), was listed as (2nd Respondent).
While Samson Egege, holding the brief of Dodo, urged the tribunal to strike out grounds one and two of APC’s counter affidavit because it was incompetent, Izinyon argued that APC’s petition did not run foul of any law, stressing that one ground is being used to support the other.
Egege argued that the petitioners were guilty of lumping issues i.e grounds (1) which deals with (non compliance) with grounds (2) which deals with (corrupt practices) together, arguing that facts in support of each grounds be pleaded separately.
He further argued that facts in support of non-compliance in the petition such as the use of Bi-modal Authentication System, (BVAS), non filing of INEC forms, are at variance with issues canvassed.
On grounds (2) which deals with majority of lawful votes cast, Egege argued that the facts pleaded only relates to allegations of inflation of votes cast, multiple thumb printing which he argued are criminal in nature, adding that such allegations can only be canvassed under corrupt practices and not majority of lawful votes cast.
Egege further argued that the authorities cited by Dr Izinyon (SAN) did not cure the defects in the counter affidavit.
But the APC legal team led by Izinyon urged the tribunal to dismiss the application because it was unmeritorious.
Izinyon argued, “I submit that the latest trend in legal practice shows that it is not good law because the grounds can be taken as a whole. We seek reliance on the counter affidavit to dismiss this unmeritorious application.”
Chairman of the three member panel, Justice C.H Ahuchaogu, adjourned the pre-hearing trial conference to June 5
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