By Festus Ahon

ASABA—DELTA State Governorship Election Petitions Tribunal, sitting in Asaba, has, struck out a set of five motions brought by the governorship candidate of the All Progressive Congress, APC, Olorungun  O’Tega  Emerhor and the party seeking for extension of time to enable them come up with more facts to support their petition.

Ruling on the motions after arguments by counsel, Chairman of the three-man tribunal, Justice Nasiru  Gunmi said that the applications lacked merit, stating that it violated  section 17(1)(2)  of the Electoral Act.

Gunmi said: “If a party in an election petition,  wishes  to have further particulars or other direction about the tribunal, such party may do so at  any time but not more than 10 days after the filing of the reply by the respondents. If the party does not apply as provided for in  the Electoral Act , it is  taken that they do not require any further particulars or direction.

“The applicants’ application is in breach of section 17(1) of the First Schedule of the Electoral Act, which requires the applicant to file their application within 10 days and the time allowed has expired. And the question now is whether  this tribunal can extend time.  In a situation like this, the tribunal is bound to exercise it powers as contained in section 17 (1) of the Electoral Act.  Equally section 17(2) prohibits this tribunal from extending time, it restricts the tribunal from exercising such power for time extension.

“If the tribunal lacks powers to grant a particular relief, it is duty bound to refuse such application, in the end, we agree with the submission of the respondents counsel (PDP, INEC), we refuse this application and it is accordingly dismissed.”

Meanwhile, the tribunal has adjourned till  today, to rule on  an application brought before it by Emerhor seeking additional witnesses in the petition challenging the declaration of Governor Ifeanyi Okowa as winner of the April 11, gubernatorial election.

Emerhor’s counsel Chief Thompson Okpoko, SAN, had argued the application seeking leave of the tribunal to call  additional seven witnesses during pre-hearing session, but Okowa’s counsel, Dr Alex Izinyon, SAN, opposed the application.