Posted by Osteen Oyibode, Asaba | 18 August 2015 | 3,143 times
The House of Representative Election Petition Tribunal sitting in Asaba, the Delta State capital, yesterday dismissed the petition of Chief Magnus Oyovwe, challenging the election of the minority leader of the House of Representatives, Hon Leo Ogor, during the March 28th election.
The Justice L.M Boufini led tribunal dismissed the petition in a ruling delivered on 17th August 2015 described the petition as an abandoned petition because the petitioner failed to appear for hearing after several weeks of adjournment.
While presenting his submission, counsel to the respondent, Barr. Onome Egbon, argued that the tribunal should dismiss the petition in line with the provisions of section 46(3) 1st Schedule of the Electoral Act 2010 as amended, which says that “when a petition comes up for hearing, if the respondent appears and the petitioner does not appear, the respondent shall be entitled to final judgement, dismissing the petition.”
In his ruling, the Chairman of Panel 1, Hon. Justice L.M. Boufimi said the tribunal, having listened to the Counsels to the 1st, 2nd and 3rd Respondents have no option but to dismiss the petition because it is obvious from available facts that the Petitioner has abandoned his petition.
He said: “We have listened to both counsels to the respondents and we agree strongly with them that if a petitioner fails to appear to prove his case, the respondent will be entitled to judgement.
“It is on this premise therefore that we dismiss this petition because the petitioner has abandoned his petition and we cannot continue to allow him waste the time and resources of the respondent.”
In his response to the ruling, the member Representing Isoko Federal constituency who equally double as the Minority Leader, House of Representatives Hon. Leo Ogor said: “It is a confirmation of the mandate given to me by the Isoko people. I had no doubt that the judgement will go this way because I am aware the people who brought the action to the tribunal were doing so for selfish reasons. It is victory for the Isoko people and we thank God for it.”
•Photo shows Hon. Leo Ogor.
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