Edo PDP jubilates as tribunal dismisses Agbonyinma’s petition

Members of the Edo state chapter of the Peoples Democratic Party (PDP) broke out in jubilation on Tuesday as the petition filed by the All Progressives Congress (APC) candidate, Ehiozuwa Agbonyinma was struck out by the National and State House of Assembly Election Petition Tribunal.

Agbonyinma had asked the tribunal to nullify the election of Rep. Jude Ise-Idehen of the Peoples Democratic Party and order a fresh election in Ikpoba-Okha/Egor Federal Constituency.

He pleaded that the election was inconclusive as the margin of winning is less than the total number of registered voters where elections did not hold.

The three-man tribunal panel in its earlier ruling on motions filed at the pre-hearing session ruled that the respondents filed their reply to the petition out of time.

It said the time frame within which they filed their reply was in excess of the 21 days stipulated by law.

Chairman of the tribunal, Justice O. Ogundana, who read the judgment said the non-response of the respondents, does not mean judgment would be passed in favour of the petitioners.

Justice Ogundana ruled that the petitioners have to prove the merit of their pleadings, stating that “the court does not dwell on sentiments. This will not translate to judgment in favour of the plaintiff. The plaintiff must prove his case.

“A plaintiff must rely on his own evidence. If the evidence led by him is not satisfactory, then he has not made out prima facie case. A party is not entitled to judgment simply because the respondents failed to respond.”

The tribunal said witnesses called failed to state the real irregularities observed during the election.

On the confessional tape recording of an INEC ad hoc staff, the tribunal ruled that there is no evidential weight to the tape recording and that documents such as statement made to the police cannot be admitted in evidence.

“The case must crumble. The petitioners have not proved their grounds. The petition is dismissed,” the tribunal held.

Also, the tribunal dismissed the petition filed by Blessing Agbomhere against the election of Rep. Johnson Oghuma representing Estako Federal Constituency.