By Gabriel Enogholase & Egufe Yafugborhi
BENIN—GOVERNORSHIP candidate of All Progressives Congress, APC, in Delta State, in the April 11, 2015 election, Olorogun O’tega Emerhor, has appealed the judgment of the Delta State Election Petition Tribunal which declared Dr. Ifeanyi Okowa of Peoples Democratic Party, PDP, winner of the election.
In the appeal before the Court of Appeal sitting in Benin City, Edo State, his lead counsel, Chief T. J. Okpoko, SAN, for himself and the APC, Emerhor, who is dissatisfied with the October 26 judgment of the tribunal is asking the appellate court to upturn the judgment.
He is relying on 11 grounds to challenge the lower tribunal’s verdict.
Some of the grounds of the appeal are that, “The tribunal erred in law in resolving against the appellants that the petition was incompetent on the ground of non-compliance with the procedural rule in paragraph 4 (3)(b) of the 1st schedule to the Electoral Act 2010 (as amended ).
“That the judges of the tribunal misdirected themselves in law in holding that the petitioners have not been able to displace the presumption that the figure of the voters accredited for the governorship election conducted in Delta State on April 11, 2015, as stated in the election results declared by Independent National Electoral Commission, INEC, are less than the total number of votes returned in the election.”
The appellants are consequently asking the appellate court to set aside the judgment of the tribunal and enter judgment in their favour as claimed in the petition by nullifying the said election and direct INEC to conduct fresh election to the office of Governor of Delta State within the time prescribed by law.