The Court of Appeal sitting in Benin, Edo State, has reserved judgement in the appeal by candidate of Labour Party, LP, Chief Great Ogboru and Labour Party, praying the appellate court to set aside the decision of the Justice N. T. Gunmi-led governorship election petition tribunal in Asaba.
The tribunal had on October 25, upheld the declaration of Dr. Ifeanyi Okowa of the Peoples Democratic Party, PDP, as winner of the April 11 election by the Independent National Electoral Commission, INEC, but the appellants are contending that the judges erred in law.
Ogboru, in the appeal through his counsel, Mr. Dele Adesina, SAN, is further contending that if the lower tribunal had properly evaluated evidence brought before it by the petitioner, it would have arrived at a different decision.
Addressing newsmen after parties adopted their briefs, counsel to Ogboru said: “It is the position of the appellant that the decision of the lower court was wrong because the evidence before the lower tribunal was not properly evaluated, and the lower court admitted inadmissible evidence and relied on them to arrive at their judgement.
“We urge the Appeal Court to expunge those inadmissible evidences, because it is our contention that if that legally inadmissible evidence were not admitted, the decision of the lower tribunal would have been different.
“We also hold that the lower tribunal failed to resolve all the issues canvassed before it. The law is that the court of first instance must resolve all issues brought before it. For example, we submit that the result of the governorship election in Delta State on April 11, 2015 was post dated. It was prepared in advance and nowhere did the tribunal say anything about it.”