Tribunal declines PDP, Mbah’s application to throw out LP, Edeoga’s petition

Enugu State Governorship Election Petition Tribunal has adjourned its pre-hearing session on the petition filed by the Labour Party and its candidate, Chijioke Edeoga, against the declaration of Peter Mbah as state governor.

It would be recalled that earlier in May, the Enugu State Governorship Election Petition Tribunal had dismissed an application seeking to stop the inauguration of the Governor-elect, Mbah.

The Enugu governorship candidate of the African Democratic Party, ADP, Nnamdi Omeje, and his party had rejected the result of the March 18 governorship election, where the Independent National Electoral Commission, INEC declared the candidate of the Peoples Democratic Party (PDP), Peter Mba, the winner.

Omeje and his party alleged that the election was characterised by intimidation, over-voting and non-compliance to Electoral Act 2022 and INEC election guidelines.

Consequently, he filed a petition against the election before the tribunal sitting at the Enugu State High Court Complex.

Among the reliefs sought before the Tribunal was to stop the forthcoming inauguration and/or swearing-in of Peter Mbah as the incoming Executive Governor of Enugu State.

The petitioners, through their motion, urged the tribunal to make an interlocutory order of injunction restraining Mbah from presenting himself, to be sworn in or inaugurated as the Executive Governor of Enugu State on May 29, 2023.

But ruling on the motion on Tuesday, the tribunal dismissed the application for lacking merit.

However, the tribunal at its sitting in Enugu, Wednesday, declined the PDP and Mbah’s application to dismiss the petition bordering on the alleged forgery of Mbah’s National Youth Service Corps (NYSC) Discharge Certificate, and the issue ‘of over-voting also alleged to have occurred in Nkanu East local government area of the state.

The Labour Party candidate, Edeoga was reportedly in the lead in the Match 18 governorship election, but had his position upturned as results from the Nkanu East council appeared showing Mbah in the lead and eventually winning the poll.

However, the LP in its petition stated that there results from the Nkanu East council were more than the total number of registered voters in the area.

 In its response, the PDP and its candidate, Mbah had sought the dismissal of the LP and Edeoga petition, as it ruled to adjourn till June 13 for further proceedings.

The Tribunal also refused another application moved by PDP and Peter Mbah’s lawyers to strike out Edeoga’s petition bordering on over-voting in Nkanu East Local Government Area during the March 18 Governorship Election in the State.

Chairman of the tribunal, Justice K. M Akano announced the adjournment at the end of Wednesday sitting.

Counsel to Mbah and the PDP had on June 6, 2023 asked the Tribunal to strike out the petition filed by Edeoga and the Labour Party, against alleged forgery of NYSC Discharge Certificate by Peter Mbah as well as that there was over-voting at Nkanu East Local Government Area during the Governorship election.

Akano however said it would reserve ruling on the two motions till the day of final judgement.

The Tribunal however gave Peter Mbah and the PDP three days to reply to all applications made by the Petitioners, and adjourned the case to June 13, 2023, when the pre-hearing would have been concluded.

Responding to the ruling, the petitioner’s counsel, Mr S. T. Hon, said that in spite of the ruling, the court should not go back and start pre hearing again.

Hon explained that pre-hearing had already commenced on June 2, because they had exchanged pre-hearing information among themselves.

The counsel prayed the court to enforce the mandatory provision of paragraph 18(9) of the Electoral Act.

“You are enjoined to enforce the mandatory provision of paragraph 18(9) of the Electoral Act. There was a pre-hearing notice issued on May 23 on the petitioners. For the fact that certain motions and processes were moved doesn’t mean that pre-hearing has not started,” he said.

Counsel to the PDP, Mr Paul Onyia, said that the pre-hearing had not commenced, adding that the court had given them three days to file their plea. He said that it was expected that a date would be specifically given for the commencement of pre-hearing.

Mr Anthony Ani (SAN), Counsel to the governor, Mba, said that in the ruling, the 2nd respondent had three days to file for further pleading, adding that pre-hearing would commence on the close of the pleading.