Reactions has continued to trail the dismissal on Monday of the petition brought before the re-trial election tribunal sitting in Asaba by the Democratic Peoples Party (DPP) governorship candidate, Chief Great Ogboru challenging the election of Governor Emmanuel Uduaghan of the Peoples Democratic Party (PDP).
Justice Mohammed while delivering a 20-page judgment had ruled that Ogboru who contested the April 14, 2007 governorship election on the platform of the Democratic Peoples Party (DPP) failed to prove beyond reasonable doubt that the election was fraught with irregularities.
“This issue is hereby resolved in favour of the respondent. In consequence of the finding above, this petition fails and is therefore hereby dismissed,” said Mohammed.
Mohammed also pointed out that there was discrepancy in the statement of oath tendered by the prosecution witness.
On whether the tribunal has the power to entertain the case, the judge answered in the positive saying “the court of Appeal ruled that it has authority to entertain the matter on its merits.”
But Ogboru, who spoke through his younger brother, Mr. Turna Ogboru, shortly after the judgment, described it as a “miscarriage of justice.”
According to him, “this is another Asaba judgment. We are going to challenge that judgment at the Appeal Court . We will fight until we get justice.”
Ogboru’s petition had earlier been dismissed by a previous tribunal chaired by Justice Lokulo Shodikpe, when he called for the nullification of the election of Uduaghan since it was characterised by rigging and ballot box stuffing. “The purported election said to have taken place on April 14th 2007 did not hold in all the 25 local government areas in that electoral materials did not get to the various local government areas, wards and polling units to declare Uduaghan as winner,” he claimed.
Ogboru also prayed the tribunal among others “for an order on 3rd and 4th respondents (INEC) to conduct fresh election for the governorship office in Delta State devoid of corrupt practices and an order nullifying the governorship election purportedly held in Delta State on 14th April 2007 including returns made thereto”.