The National Assembly Election Tribunal sitting in Asaba, yesterday struck out the petition filed by the All Progressives Congress, APC candidate during the October 12, 2013 Delta Central Senatorial district election, Olorogun   O’Tega   Emerhor challenging the election of Senator Emmanuel Aguariavwodo as the duly elected candidate.

Emerhor, had earlier sought for “a declaration that the election of 12th October,  2013 upon which 1st respondent (Aguariavwodo) was declared elected as Senator representing the Delta Central Senatorial district was invalid by reason of corrupt practices or non-compliance with Electoral Law”.

But it took another twist as the petitioner brought a Motion on Notice, seeking the leave of the Tribunal to withdraw the petition.

Moving the application at yesterday’s sitting, Emerhor’s counsel, Mr. Ahweyevu Mukoro told the Tribunal that “the petitioner/applicants (Olorogun O’Tega Emerho and APC) have filed a suit at the Federal High court Abuja, suit no FHC/ABJ/CS/873/2013 challenging the candidature of the 1st respondent at the bye-election of 12th October 2013 upon which 1st respondent purportedly became a Senator representing Delta Central Senatorial district.

“And that retaining this petition after filing suit no FHC/ABJ/CS/873/2013 may raise the issue of abuse of the judicial process”.

After  moving the application, all the different defence counsel representing, Eguariavwodo, PDP, INEC, Delta CP and Chief of Army Staff concurred and did not object to the application but asked the tribunal to award cost.

Ruling on the motion, the three-man panel headed by Justice M.I. Sirajo struck the petition accordingly and awarded N100,000 as cost against the petitioner to be paid to each respondent.