The Delta State governorship election petition tribunal sitting in Asaba, the state capital, on Tuesday, dismissed an application for the counting of ballot papers used for the March 18 poll which were tendered before it in evidence.
Alex Izinyon, SAN, counsel for Ovie Omo-Agege, the governorship candidate of the All Progressives Congress (APC), in an oral application, said the ballot papers were already admitted in evidence and marked as exhibits.
He urged the tribunal to grant the application asking that the ballot papers should be recounted in the interest of justice.
Prof. Joe Abugu, counsel for the first respondent, the Independent National Electoral Commission (INEC), said the commission stood by the results and figures in the declaration of the second respondent, Governor Sheriff Oborevwori.
According to Abugu, INEC has insisted that Oborevwori won the election.
He, however, added that the commission would respect the decision of the tribunal on whether the ballot papers should be recounted or not.
Damian Dodo (SAN), counsel for Governor Oborevwori, however, objected to the application.
According to him, a case for the recount of the ballot papers by the petitioner has not been made out.
He, therefore, argued that anyone dissatisfied with the results of the poll must first apply for a recount at the polling unit, noting that nothing from pages 1-102 of the petition showed that the petitioner demanded a recount at any of the 1,333 polling units in question.
On his part, counsel for the third respondent, the Peoples Democratic Party (PDP), Ekeme Ohwovoriole, SAN, described the application as unmeritorious and adopted in its entirety, the submission of the counsel for the second respondent.
The three-man tribunal panel chaired by Justice C.O. Ahuchaogu, in its ruling, said such discretion cannot be done in an oral application.
“There is no merit in this oral application for a recount and it is hereby dismissed,” Ahuchaogu said.
Credit: SaharaReporters
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