South East
Tribunal Okays PPA’s Petition
The National and State Assembly Election Petition Tribunal sitting in Umuahia refused the application to dismiss the petition of Chief Nnaemeka Odunze of PPA, alleged to have been brought out of time by the respondents
Ruling in the application filed by counsel to INEC, Mr. Sunday Nwaigboke, the tribunal chairman, Mr. Justice Abiodun Adebara, held that the petitioner’s pre-hearing notice filed on June 8 was not out of time.
Adebara held that as at June 29, the petitioner was not served with the counter affidavit and written address of INEC, adding that what was purported to service was erroneously done by one of the parties in the matter.
He said that the vigilance of the petitioner to set the ball rolling by filing a pre-hearing notice was neither here nor there in law, stressing that the pre-hearing notice under contention was “a worthless piece of paper.”
The tribunal chairman, therefore, refused the application to strike out the pre-hearing notice and to dismiss petition, which the respondents claimed was brought out of time.
Also, the tribunal heard and granted the petitioner’s request to call forensic experts to examine and make comparison of the biometric materials used in Umuahia South Federal Constituency. Adebara, who strike out the written addresses of the respondents challenging the application, held that in view of the ruling, “we hold the petitioner is entitled to the relief sought.”
with the provision of the Electoral Act 2010 and the Practice Direction .