By Emma Amaize and Austin Ogwuda
ASABA –  THE Governorship Election Petition Tribunal in Delta State for the April 26 governorship election held its opening session, Monday, at Asaba with a strict warning to litigants not to attempt to influence or compromise the tribunal by any means, as “justice is not for sale”.

Chairman of the tribunal, Hon. Justice Abisoye Ayo (Mrs.) who gave the warning said, “We shall accord fair hearing to all litigants and dispense justice without fear or favour…We, the members of the tribunal shall discharge our judicial duties in observance of the oath office we have sworn to under the Constitution of the Federal Republic of Nigeria”.

Five cases arising from governorship election are before the court. The suits were filed by the Democratic Peoples Party, DPP governorship candidate, Chief Great Ogboru, Prince Obaro Unuafe of the People Progressive Party, PPP, Chief Afro Biukeme , Mega Progressive Peoples Party, MPPP, Chief Sam Nkire, Progressive People’s Alliance, PPA and Mr. Collins Eselemo of the National Conscience Party, NPP, who personally attended the session.

A resourceful attempt by counsel to N.I. Jacob, counsel to Chief Ogboru and DPP, to drag the court into entertaining the pending case of Ogboru challenging the declaration of Governor Emmanuel Uduaghan as the winner of the January 6, 2011 governorship re-run election, was aborted by Justice Ayo, who unmistakably stated that the tribunal was constituted by the President of the Court of Appeal to hear only the petitions from the April 26, 2011 governorship election in Delta state.

The counsel, Mr. Jacob had interjected just when a member of the tribunal, Justice Shittu Abubakar was to make a closing remarks to draw the attention of the tribunal that the petition filed by his client, Chief Ogboru since January 27 on the governorship re-run election had not been fixed for hearing despite the fact that pleas were exchanged by the parties since March 13.

Specifically, he urged the tribunal to assume jurisdiction over the case since it was the body vested by law to look into such a petition, adding, “We want a date on the petition from the tribunal, the case is pending, this is our predicament”.

He had hardly finished when Chief Charles Ajuya, who represented the Senior Advocates of Nigeria, SAN, stood, saying the inaugural session was not a forum for the counsel to bring up such an issue, which was purely an administrative matter.

Expressing sympathy, however, with the counsel over his predicament, Ajuya insisted, “He cannot ask for a date when the other parties are not present and therefore, I urge the tribunal not make a pronouncement on the matter”.

Attorney General of Delta State and Commissioner for Justice, Mr. Victor Otemowo concurred with the contention of the learned SAN, saying Jacob should sort out the issue of date administratively with the registrar.

In the first practical demonstration by the tribunal to its promise that “justice will be done in all circumstances of each case”, Justice Ayo asked Ogboru’s counsel if he had inquired about the position of the matter from the secretariat.

He responded that he had done so and she demanded to know the status of the case. The counsel said the response he got was that it had not been listed for hearing by those who were supposed to have done so.

At this stage, Justice Ayo intervened, saying the tribunal was set up to hear matters arising from the April 26, 2011 election and not the January 6, 2011 governorship re-run election. She urged the solicitor to direct further inquiry on the said petition to the President of the Court of Appeal.

The chairman pointed out, “The Governorship Election Tribunal shall, to the exclusion of any court or tribunal, have original jurisdiction to hear and determine petitions as to whether any person has been validly elected to the office of Governor or Deputy Governor of a State…”, adding that section 285 (5) of the Constitution “makes it mandatory for election petitions to be filed within 21 days after the date of declaration of the results of the elections”.

“Therefore, having declared the governorship election results in Delta state on the 28th day of April, 2011, the deadline date for filing petitions before the Governorship Election Petition Tribunal was 19th May, and by this date, a total of five petitions were filed.

“It is also important to highlight and keep in mind the very key and sailent provision of section 285 (6) of the Constitution, which stipulates that an election tribunal shall deliver its judgment in writing within 180 days from the date of filing the petition. It is, therefore, glaringly clear, the onerous task and responsibility placed upon the tribunal to dispose of all petitions filed before it within a period of six months”, she stated.

In her words, ‘This great responsibility obviously requires the active cooperation of counsels prosecuting or defending petitions before the tribunal, to be time conscious always, be diligent and professional in the conduct of their cases in order to avoid  unnecessary adjournments and delays in hearing of the petitions”.

To ensure speedy disposition of all petitions filed before the tribunal, she stated, “We shall be firm and demand strict compliance with the provisions of the Electoral Act, especially the rules of procedure for election petitions laid down in the first schedule to the Electoral Act”.

Responding to the chairman’s inaugural speech, attorney general of the state, Chief Otemowo first apologized for the strike action by judicial workers, which could have caused a slight delay in the smooth take off of the tribunal’s sitting, saying it was not a deliberate design on the part of the state government and that the issues were being addressed.

He said the state government would give the tribunal “all legal, necessary and expedient assistance for the discharge of its functions”, adding, “You have nothing to fear in doing your work in the state”.

Chief Otemowo said the state government would not interfere with the assignment of the tribunal and that the people of the state were looking up to it to dispense justice transparently.

He, however, said the tribunal might be inundated with several rumours as events unfold, but asserted that information as his disposal indicated that the members of the tribunal were men of good conscience and integrity.

Also speaking, Chief Ajuya, SAN, said the nature of the assignment of the tribunal was serious and significant to the development of jurisprudence and democracy in the country.

He said he had no doubts about the integrity of the tribunal members like the attorney general of Delta state earlier stated, and was looking forward to enjoying from their wealth of knowledge, individually and collectively.

Chief Ajuya also implored the tribunal to implore the media not sensationalize reports on the proceedings of the tribunal, a request that the chairman took up immediately, warning the press to avoid sensationalism and clarifying from the tribunal when in doubt.

Representatives of the Nigeria Bar Association, NBA, Asaba and Warri in their speeches assured the tribunal of all necessary assistance and cooperation from its members.

Delta State Commissioner for Communication and Orientation and director –general of the Delta State PDP Campaign Council, Chief Paulinus Akpeki told newsmen at the end of the inaugural session that Governor Uduaghan and PDP in the state were hopeful that they would triumph at the end of the battle.