The Independent National Electoral Commission (INEC) and the Peoples Democratic Party (PDP) have accused the All Progressive Congress (APC) and its governorship candidate in the April election in Delta State, Olorogun Otega Emerhor of stalling trial in the Election Petition Tribunal.

The APC had filed the petition, challenging the victory of Governor Ifeanyi Okowa at the April 2015 polls.

At the resumed hearing of the trial of the Delta State Governorship Election Petition Tribunal sitting in Asaba on Friday, the Counsel to APC and O’tega, Mr. Thomson Okpoko requested that the court should adjourn the trial to enable it get certified copies of his petition documents from INEC.

He had argued that most of the documentations were not properly certified, as stipulated by the Supreme Court.

Mr. Okpko said that the true and proper certification would be done by INEC’s administrative secretary.

But INEC counsel, Mr. Danien Dodo, raised an objection, saying that the inability of the APC and its candidate, Emerhor, to secure a genuine certification was an act of negligence, as they had all the opportunity to do so before approaching the Tribunal.

He requested that the court should not grant the APC another adjournment.

“That will amount to stalling the trial. The ample time has been lost since the tribunal has commenced sitting.

“The trial can go on. The APC and Otega can submit whatever document in their position whether certified or not. The tribunal would give them the opportunity of sending in their documents on or before the end of the trial.”

Mr. Dodo, also stated that the INEC could avail them the opportunity of using its documents to continue with the trial, as both the APC and the PDP would be relying on the same paper to present to the Tribunal.

Arguing in the same vein, counsel to the PDP, Timothy Kehinde, urged the Tribunal not to grant the APC the adjournment, saying that doing so will mean overreaching the petitioner and a delay of the proceedings.

He pointed out that the documents were certified and given to the petitioners on February 15.

“We responded by submitting that. It will be an act of bad faith for the petitioners if they just discovered the imperfection in their certification. It is trite law. A public document that has not been certified can be put in after which it can be certified,” he said, in an attempt to discourage the Tribunal from approving the request for adjournment.

He lamented the incessant request for adjournment from the petitioners, adding that the tribunal had already granted such request on 25, 26, 27, and 28 of August 2015.

According to him, any further request for adjournment for the purpose of certification of documents would amount to injustice on the part of the respondents and the general public.

Counsel to Governor Ifeanyi Okowa, Dr. Alex Izyion in his submission prayed the court to dismiss the motion, saying that “the petitions is Sui generis as the tribunal has little or no time left.”

“Section 46 of the Electoral Act limits the request being sought.”

The Chairman of the three-man panel Tribunal, Justice Nasiru Gunmi, in his ruling, said it had become necessary to grant the petitioners time to regularises their document, as it would ensure that the parties were giving fair hearing.

He therefore adjourned the matter to September 4, 2015 for continuation of trial.

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