Oshiomhole knows Fate on Friday


Oshiomhole knows Fate on Friday
Published by pmnews on Monday, 7th January, 2013
By   Nnamdi Felix/Abuja

Nigeria’s Supreme Court on Monday fixed Friday 11 January, 2013 to deliver judgment on whether Edo State Governor, Adams Oshiomhole has an explanation to make before the State Election Tribunal
regarding his qualification for election as governor.

Oshiomhole had argued through his lawyers, led by Chief Wole Olanipekun, a senior advocate of Nigeria, that the Peoples Democratic governorship candidate, Major General Charles Airhiavbere (retired) did not specifically plead the issue of qualification in the petition challenging his victory at the state’s gubernatorial election conducted by the Independent National Election Commission, INEC in February, 2011 .

A Court of Appeal sitting in Benin, the Edo state Capital, had held otherwise and had ordered the parties to return to a newly constituted tribunal for the determination of whether Oshiomhole had the basic educational qualifications to contest in that election or not.

The governor, being dissatisfied with the Appeal Court judgment had consequently appealed to the Supreme Court.

Olanipekun told a seven-man panel of the apex court led by Justice Mahmud Mohammed that there was no basis for the judgment of the court of appeal.

According to the senior advocate, the petitioner phased his petition on corrupt practice and non-compliance with the Electoral Act 2010, and not on Oshiomhole’s non qualification and contended that the Court of Appeal made a case for the PDP candidate which he did not make for himself.

He claimed that Airhiavbere is only challenging the results of the election in five out of 18 local governments after his party, the PDP had honourably withdrawn from the petition because it was hopeless.

Airhiavbere’s lawyer, Chief Efe Akpofure, also a senior advocate of Nigeria in opposing the appeal, told the court that his client is challenging the result in nine local government areas, not five as canvassed by Oshiohole’s lawyer and asked the court to dismiss the appeal and affirm the judgment of the lower court.

He also denied the submission of Olanipekun on the claim that the trial tribunal held that there was no ground to sustain their petition and posited that the state election tribunal did not say that there was no ground to sustain the allegation that Oshiomhole did not have the qualification to run for governor.

He averred that the fact that non qualification was not made a separate ground in their petition was not a basis to hold that there was no ground in the pleadings to sustain the allegation that Oshiomhole was not qualified to contest that election and urged the Supreme Court to read the petition as a whole rather than relying on their pleadings.

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