By Emma Arubi
WARRIâ€”THE Court of Appeal sitting in Benin-City, Edo State, has upheld Action Congressâ€™ (AC) appeal against the ruling of Delta State Governorship/Legislative Houses of Assembly Election Tribunal, which stuck out the petition by Temi Harriman challenging the result of the 2007 election.
The court also awarded a N20,000 cost each against Senator James Manager, representing Delta South Senatorial district in the Senate on the platform of the Peoples Democratic Party (PDP) and the PDP, and ordered a retrial of the petition.
Delivering his judgment in a petition filed on her behalf two years ago by her solicitors, A.M. Orhiakhi, Justice A.A.B. Gumel ordered the petition remitted to the tribunal.
â€œI hereby order that this petition be remitted to Delta State Governorship/Legislative Houses of Assembly Tribunal for hearing and determination on merit,â€ he said.
He stated that the lower court placed an unnecessary burden on the petitioner after fulfilling what the law required, saying that all the objections raised against the appeal by the respondents were misconstrued.
Temi Harriman, a former member of the House of Representatives, representing Warri Federal constituency, was the AC candidate for the Delta South Senatorial district in the 2007 election.
Speaking on the outcome of the Court of Appeal ruling, the acting State Chairman of AC, Senior Apostle Yemi Omaghomi, expressed regret that majority of all the appeal petitions struck out by Hon. Justice Lokulor Shodipe on technical ground have been remitted for re-trial.
Omaghomi called on the National Assembly to expedite action in the processes leading to the constitution amendment and Electoral Act reforms so that all petitions are disposed off before the winners are sworn-in.