The National Assembly/State Houses of Assembly Elections Petition Tribunal sitting in Enugu, on Monday fixed September 9, 2019, for judgement on the petition filed by Mrs. Juliet Ibekaku-Nwagwu challenging the election of Senator Ike Ekweremadu.
The 3-man Justices, led by Hon. Justice H.H. Kerang fixed the date after all the parties adopted their final written addresses.
DAILY POST reports that joined as petitioners is the All Progressives Congress, APC.
The former Deputy Senate President, representing Enugu West Senatorial Zone, is the 1st Respondent, while the PDP and the INEC are the 2nd and the 3rd Respondents, respectively.
While leading in the adopting of address, counsel to INEC, Barr. Emeka Udeogba said the commission’s address dated June 27 was filed on June 28.
He said upon receipt of the petitioners final address, the 3rd Respondent also filed a reply on points of law.
“We rely on both addresses in urging Your Lordships to dismiss this petition for lack of merit,” Udeogba said.
Taking a similar stand, the PDP, through its counsel, told the Tribunal that it filed written final address on 27th of July, 2019, as well as a reply on point of law on 3rd July, 2019.
“We are urging Your Lordships to consider the points as a sufficient response to the legal issues raised. The petitioners gave evidence outside their case and I have specified the relevant areas.
“They abandoned the case they have brought before My Lordships. Trivial issues like date could not lead to nullification of an election,” he said adding that there was a burden on the petitioners to “show how the effect of date substantially affects the result of the election.
“They dumped the results, never talked about it, failed to present any vital documentary evidence required to prove their case.
“Allegations as those pleaded by the petitioner may only be established polling unit by polling unit through the evidence of persons who were there, not as passengers or passersby but persons who were there performing official functions either for their party or for the INEC.
“The petitioners starved this Honourable Tribunal of the requisite evidence to establish the infractions they alleged.
“We respectfully urge Your Lordships to dismiss this petition.”
In his final oral address, the counsel to (Ekweremadu) the First Respondent, A.J. Offiah, (SAN) said she filed final written address dated 26th June and filed on 27th June, 2019.
“Upon receipt of the petitioners’ final address, the 1st Respondent filed a reply on points of law, dated 10th July 2019, filed the same day. We intend to rely on all of them as our arguments on this matter.
Offiah adopted the oral adumberation of the counsel to the 2nd Respondent in its entirety.
“In the absence of any proof on both civil and criminal allegations on which this petition was filed, not even to the minimum required standard, we will urge the court to dismiss the petition,” Ekweremadu’s counsel said.
In his submissions, counsel to the petitioners, Barr. H.A. Bello said he filed final written address dated 3rd July 2019, and filed on 4th July, 2019.
He said the petitioners have shown perpetuation of substantial non-compliance by the 3rd Respondent.
“The non-compliance relates to the provision of Regulation 37 of the INEC guidelines for the 2019 Elections.
“It is our submission that the said guidelines are mandatory and omission done in non-compliance renders the exercise a nullity.
He said “dates are imperative, of utmost importance, and non compliance renders whatever result declared null and void,”he submitted.
“The situation we have at hand is that the INEC put the cart before the horse. The senatorial result was announced on the 23rd of February, while that of the local government was announced on the 24th February; how can it be? This result is suspicious. That is why we are saying this result is void, and the collation should be voided.”
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