By Peter Duru, Makurdi

The All Progressives Congress, APC, lawmaker representing Ado/Ogbadibo/Okpokwu Federal Constituency and Vice -Chairman, House Committee on Media and Publicity, Chief Philip Agbese has described as an academic exercise the petition filed by Aida Ogwuche of the Peoples Democratic Party, PDP, challenging his victory in the February 25, 2023 election and urged the National Assembly Elections Petitions Tribunal in Makurdi to dismiss the petition.

Ogwuche and the PDP are challenging the victory of Agbese on the ground of non- compliance with the provisions of the Electoral Act, 2022

The petitioner allege that she was excluded from the election by the Independent National Electoral Commission, INEC, despite the Supreme Court affirming her as the PDP candidate and not Francis Agbo.

Adopting his finally written address before the tribunal weekend, counsel to the lawmaker, Adetunji Oso submitted that the name of Miss Ogwuche was initially published by INEC “until an internal squabble in her party led to the judgement of Court of Appeal that later recognized another person as the candidate of the party before the judgement of the Supreme Court.”

He said “what the petitioners are complaining of in their petition is an irregularity and the petitioners have not  cited any authority that says omission of a  candidate’s name can invalidate an election.”

Agbese’s counsel reminded the tribunal that under cross examination, the petitioner admitted that she voted for her party in the election.

Oso also drew the attention of the tribunal to the position of the Supreme Court in Abubakar vs Yar’adua “wherein the Apex Court held that the party cannot be separated from the candidate.

He asked “if the PDP had won the election, would the petitioners have come to the tribunal?”

Oso urged the tribunal to dismiss the petition “for being unmeritorious and an academic exercise.”

Counsel to the APC Vincent Da’agba while adopting his written address also urged the tribunal to dismiss the petition with cost as the petition is frivolous and lacking in merit.

Emmanuella Tijah who held the brief for Abduljabar Aliyu also adopted the final  written address of INEC calling for the dismisal of the petition as their argument and submission in the matter.

Counsel to the petitioner, Kenneth Ikonne while adopting his final written address urged the tribunal to grant the reliefs sought by the petitioners.

The Chairman of the Tribunal, Justice Amina Aliyu adjourned  the matter for judgement on a date to be communicated to the parties.