BENIN-The Court of Appeal sitting in Benin, Monday, upturned the judgment of the Election Petition Tribunal, Asaba, which confirmed Mr. Frank Enekorogha, Peoples Democratic Party, PDP, candidate as winner of the election to represent the Burutu Federal Constituency of Delta State.

The appellate court faulted the judgment of the lower tribunal and ordered the retrial of the petition brought by Mr. Ebikeme Clark of the Democratic Peoples Party, DPP, who had challenged the election.

The court in its unanimous decision held that the lower tribunal erred in dismissing the petition on grounds that the mode of the application for pre-hearing session by way of a letter had expired, which it (Court of Appeal) said was not enough reason to dismiss the petition.

According to the court, the issue before the lower tribunal was whether the issuance of pre-hearing notice to parties in the petition was filed within seven days as stipulated by the Electoral Act, 2010.

According to the court, the appellant mode of application was in line with the 2010 Electoral Act, which was by a way of a letter, and was within the time frame, paid for and was duly stamped by the secretary of the lower tribunal .

The appellate court directed the case be transmitted back in the ellection tribunal, Asaba for retrain on its merit.