From Sylvia Udegbunam, Enugu
The governorship election petitions tribunal sitting in Enugu has declined the application of the State governor, Peter Mbah to strike out the petition filed by the governorship candidate of labour party, Chijioke Edeoga over the alleged forgery of the National Youth Service Corps (NYSC) certificate by the governor.
At the resumed hearing last weekend, Mbah through his lawyer Wole Olanikpekun and that of the PDP, Tochukwu Maduka pleaded the court to strike out the petition seeking the disqualification of Mbah over the alleged forged certificate.
Olanikpekun said that section 177 of the Constitution provided qualifications required for contesting election and NYSC was not stated.
Maduka also prayed the court to strike out the petition on the basis that the matter was already at the appeal court. He argued that there was a leave of appeal and the tribunal had no jurisdiction to determine the case. His submission was supported by the counsel to INEC, Mr S.I Okolie.
Counsel to Labour party Mr M.J Numa, while responding to the prayer of the counsel to Mbah pleading the tribunal to strike out the alleged NYSC forgery stated that in section 136 sub 4 of the Electoral Act said that “All objections filed by election petitions shall be determined at the time of final judgement, saying there is no exception whatsoever”.
Numa argued that the “provision of section 177 of the Constitution and section 182 respectively are not mutually exclusive, one does not supersedes the other, 182 has more elaborate provisions than 177. So the main fact that the candidate has met the qualifying factors under 177 does not impair the court to disqualify him under 182, so they are two separate provision that stands on their own”.
He further argued that there was no record of appeal on the subject matter hence the 2nd respondent should provide a document to the matter appealed to the court, adding that the court could not speculate the existence of an appeal. Numa pleaded the court to decline such invitation.
The Chairman Justice K.M Akano said that ruling shall be delivered with judgement and adjourned the case to June 22
