Members of the ruling Action Congress of Nigeria (ACN) in Edo State were in shock yesterday as the candidate of the Peoples Democratic Party (PDP) in the state, Gen. Charles Airhiavbere floored Governor Adams Oshiomhole at the Appeal Court sitting in Benin in the case challenging the governor's victory in the July 14, 2012 election.
The appellate court ordered that the election petition tribunal should hear 'de novo' (afresh) all the issues canvassed by the PDP candidate which include those of academic qualification, electoral malpractices and allegations of corrupt practices during the polls part of which had earlier been struck out by the former members of the tribunal. It also struck out Oshiomhole’s counter appeal that all the petitioner’s appeal should be dismissed, for lack of merit.
Gen. Airhiavbere in his petition before the election petition tribunal had alleged that Oshiomhole has no minimum academic qualification and that the modern school certificate which the governor presented to the Independent National Electoral Commission for the July 14 polls is fake.
But Chairman of the three-man panel of the appellate court, Justice Helen Ogunwumiju judgment said the pleas by the appellant “were clear and direct” as stated in the paragraphs struck out by the lower Tribunal which it said formed the “foundation” of the appellant's case.
Consequently, the appeal court restored all the pleas contained in the petitioner’s original petition and further ordered the Acting President of the Court of Appeal reconstitute the Tribunal to hear Airhiavbere's petition which it said was “triable” in both the regular court and the tribunal.
It added that the tribunal erroneously struck out several paragraphs of the petitioner’s pleadings on the issue of qualification on the grounds that his pleadings were scanty.
The court judgment came barely four days after Governor Oshiomhole was sworn in along with his deputy, Dr. Pius Odubu for second term in office.
Justice Ogunwumiju described as “a mere academic exercise” the counter appeal filed by counsel to the respondent, stressing that the lower court (Tribunal) erred in law when it held that it lacked jurisdiction to entertain the PDP candidate’s petition.
The judge explained that the appellant’s case was germane because the issue of Oshiomhole's qualification to contest the election as contained in the appellant’s petitioner was a pre-election matter.
According to the unanimous verdict of the judges, section 177 of the 1999 Constitution as amended gives jurisdiction to the tribunal to entertain the PDP candidate’s petition on Oshiomhole's qualification, adding that court can hear pre-election and election matters on issue of qualification.
The court held that the nation’s apex court, the Supreme Court has always cautioned the lower Courts against dismissing election petitions on technical grounds without allowing parties “to ventilate issues” in their petitions based on merit.
The Court also held that the lower Tribunal was wrong in striking out several paragraphs of the Appellant's pleadings on the issue of qualification, basing it's decision on the ground that the pleadings were scanty.
Concurring with the lead judgment, Justice Tom Yakubu posited that Oshiomhole's integrity would be boosted if the issue of qualification to contest the election was laid bare and trashed out at the lower tribunal.
Counsel to the PDP candidate, Barr. Sunday Agwinede, in his reaction said the judgement would strengthen the country’s pillars of democracy and lauded the judges for their verdict.
On his part counsel to Governor Adams Oshiomhole, Omoruyi Omonuwa, a Senior Advocate of Nigeria (SAN) that of the ACN, Ken Mozia (SAN), said they would carefully study the entire judgment.
According to him, “we will open our eyes and study the judgement carefully before taking the next step.”
The deputy governor of the state, Dr. Pius Odubu, said Oshiomhole was academically qualified to have contested as the governor of the state in the July 14 polls as a graduate of Oxford and expressed confidence that the lower Tribunal will do handle the case in favour of the ruling ACN in the state.
Speaking shortly after the judgment, the PDP candidate said he has dedicated his victory at the court of Appeal to the people of Edo state and the PDP supporters across the state.
He expressed appreciation to the judiciary for what he said was a rare show of bravery and confidence and said that the nation’s judiciary remains the last hope of the common man.
“I will assure you it’s the beginning of good things to come to the state. We can now breathe fresh air. Like President Jonathan said, fresh air has come to Edo State. By the special grace of God, it’s going to stay. Edo state will return to PDP. I seize this opportunity to thank the judiciary for their courage and boldness which they have exhibited this morning”, Airhiavbere said.
It would recalled that the three man state election petitions tribunal chaired by Justice Suleiman Ambrosa had on September 27, this year, struck out the vital part of the prayers of the PDP candidate’s petition which deals with the certificate qualification of the candidate of Oshiomhole, saying the tribunal lacked jurisdiction to hear the matter and that it was a pre-election matter which should be heard by the regular court.
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