Edo guber tussle: A’Court dismisses Airhiavbere’s prayer for more witnesses

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BY SIMON EBEGBULEM

BENIN—THE Court of Appeal sitting in Benin City, Thursday, dismissed the appeal filed by the governorship candidate of Peoples Democratic Party, PDP, in Edo State, Gen. Charles Airhiavbere (rtd), challenging the ruling of the state’s Governorship Election Petition Tribunal which refused to allow the petitioner bring in more witnesses.

The Appellate Court also dismissed Airhiavbere’s plea to direct the lower tribunal to admit some paragraphs in his reply to the respondent’s reply, which were earlier struck out by the tribunal.

It, however, ruled that only paragraphs 6 and 7 be admitted since they had merit.

It would be recalled that Airhiavbere had gone to the Appeal Court after the tribunal refused to grant his application for more witnesses to enable him pursue his petition against the election of Governor Adams Oshiomhole.

However, in his ruling, Justice T.S.Yakubu, explained that the case of Yar’Adua vs Abubakar which the appellant cited was not similar to the case he brought before the appellate court.

He asserted:  “ I totally agree with the lower tribunal. That authority could not have been a talisman for the appellant. “I am of the considered opinion that the complain of lack of hearing is not a cure for all sicknesses. I am satisfied that this appeal is fluffy, it is lacking in merit, I dismiss it accordingly. The ruling of the lower tribunal dated 9th October 2012 is hereby affirmed.”

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