Tribunal Dismisses Eric Fiki’s Petition

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The National Assembly/Legislative Houses Election Petition Tribunal sitting in Lokoja, Kogi State has dismissed the petition filed by Hon Fiki Eric of the People’s Democratic Party (PDP) against Independent National Electoral Commission (INEC) for what it described as incompetent and incurably bad.

In a ruling delivered by the tribunal chairperson, Justice Akon Ikpeme, the tribunal averred that there were no facts and particulars to indicate any irregularities in the conduct of the Mopa/Muro Local Constituency House of Assembly election.

Quoting from paragraph 14 of the petition which states as follow: “The petitioners aver that the election took place in many of the polling units in Mopa/Muro Local Government State Constituency on 11th April, 2015 and that the conduct of the election was generally adjudged to be free and fair”, the tribunal said there were no fact and particular in support of the fact that Hon Pedro Obaro was not duly elected by majority of the lawful or valid votes cast during the election.

The tribunal equally struck out the petition for dwelling on pre-election matter which borders on intra party issue of properly being nominated and pointed out that the tribunal has no jurisdiction to hear the matter.

The tribunal also agreed that the petition was an abuse of court process, saying a judgement had already been entered in favour of Hon. Pedro Obaro by a Lokoja High Court, saying that he was validly nominated by his party, the All Progressives Congress (APC) while the judgement had not been overturned.

Other issue for determination by the tribunal revolved round the petition not being properly signed by the petitioners or their counsel, to which the tribunal resolved that it was properly signed by J. A Akubo, who is the petitioner’s counsel while the person who signed for PDP could not be properly identified.

Earlier in his written submission, counsel to the respondents, U. ASule Esq, pointed out that the petition was a clear case of an abuse of court process since the issue of not being properly nominated by the party raised had been determined by the High Court of Justice, Lokoja.

Sule also submitted that the signature on the petition does not belong to any of the listed counsels or the sponsor and therefore, described the process as incompetent, adding that the constitution has no provision for litigation arising from political parties primary election and stressed that the tribunal has no jurisdiction to entertain such matter.

Besides, Sule submitted that the entire petition was fundamentally defective as no evidence could be led to support it and urged the tribunal to dismiss it.

But J. A Akubo Esq, counsel to the petitioners, had referred to his counter affidavit of nine- paragraphs in addition to a written address to counter his opponent.

Source: The Graphic


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