Delta State Election Petition Tribunal sitting in Asaba on Thursday dismissed the petition of Mr Ken Pela, Labour Party governorship candidate.
Justice C.H Ahuchaogu, Chairman of the three-man panel dismissed the Labour Party governorship candidate petition and its party for failure to apply for pre-hearing notice and forms as well as abandoning the petition.
Justice Ahuchaogu ruled that the petition is incompetent and a flagrant violation of paragraph 18 subsection 1 of the 4th Schedule of the Electoral Act 2022.
- PSG will not let Mbappe go for free — President
- 6 unforgettable performances by Davido that put Afrobeats on the map
According to him, ” the petition is incompetent and was issued in flagrant violation of paragraph 18 subsection 1 of the 4th Schedule to the Electoral Act 2022.
“We resolve this application in favour of the 2nd and 3rd applicants. There is merit in the application seeking to dismiss this petition and accordingly petition EPT/DL/GOV/01/2023 is hereby dismissed”, he ruled.
Labour Party candidate Ken Pela, in petition EPT/DL/GOV/01/23, is challenging the outcome of the March 18, 2023 and seeking leave of the tribunal to upturn the declaration of Sheriff Oborevwori as the elected governor of Delta State.
The petitioners joined the Independent National Electoral Commission (INEC) as 1st respondent while Gov Sheriff Oborevwori and his Deputy Gov. Monday Onyeme are 2nd and 3rd respondents respectively with PDP 4th respondent.
Earlier, the lead Counsel to the 2nd and 3rd respondents, Damian Dodo ( SAN) had argued in an application that Labour Party’s petition had been abandoned.
He also argued that the petitioners failed to avail itself of the seven day window to apply for pre-hearing notice.
“The petitioners also failed to apply for another pre hearing notice effectively rendering his petition abandoned”, he added.
“The petitioners applied for pre hearing notice on 19 May before the close of pleadings and as such the petition was premature and incompetent”, he added.
In his immediate reaction, Mr. Pela rejected the judgment, saying that he was heading to the Appeal Court
