Court of Appeal Kicks Out Edo APC, Says the APC Appeal Lacks Merit

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Court of Appeal Kicks Out Edo APC, Says the  APC Appeal Lacks Merit


The Court of Appeal sitting in Benin City on Tuesday struck out the application by counsel to the third respondent, the All Progressives Congress (APC), Prince Lateef Fagbemi (SAN), for the consolidation of the appeals by the petitioners and respondents describing it as a mere academic exercise.

Ruling on the application, Justice Olukayode Bada presiding, said, “by consent of all counsel, hearing of the two appeals will now come up for hearing on Thursday, 16 March, 2017. The present application has become academic and is hereby struck out”.

This came as the court adjourned till Thursday, 16 March, 2017 the hearing of the appeal filed by the People’s Democratic Party (PDP) and its candidate, Pastor OsagIe Ize-Iyamu over the tribunal’s stoppage last month, of the recounting of ballot papers used in the 2016 governorship election.

The three respondents namely Independent National Electoral Commission (INEC), Obaseki and the APC had also filed a cross appeal to the petitioners appeal insisting that the three man tribunal headed by Justice Ahmed Badamasi ought not to have given an order to the petitioners at all for the recounting of the ballot papers used for the election.

Recall that the tribunal dismissed the application for the continuation of the recounting of the ballot papers  for 3  out of 4 requested local government areas in the state by the petitioners counsel when the Chairman of the three member panel Justice Ahmed Badamasi said the tribunal lacked the powers for its continuation, saying that the time allocated to the petitioners to prove their case had expired.

The Tribunal had earlier ordered for the recount of the ballot papers used for the election in Egor, Akoko – Edo, Etsako West and Etsako East local governments following an oral application made by the Counsel for the petitioners, Mallam Yusuf Ali (SAN).

The Peoples Democratic Party (PDP) and its candidate, Pastor Osagie Ize-Iyamu, are challenging the declaration by INEC of Godwin Obaseki of the All Progressives Congress  (APC) as winner of the election at the tribunal and have listed INEC, Obaseki and the APC as first, second and third respondents respectively.

The report signed by the Assistant Secretary to the tribunal, Buhari Sani, for the tribunal secretary showed that the recounting exercise was concluded in Wards 1, 2, 3, 4 and 5 in Etsako West Local Government Area, Wards 1 and 2 in Akoko-Edo Local Government Area and Ward 1 of Egor Local Government Area.






















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