South East
Tribunal Strikes Out Petition Against Rep Ubani
A member of House of Representative, Rep Eziuche Ubani on the platform of Peoples Democratic Party (PDP) consolidated his victory at the polls following the striking out of the petition brought by Mr Lawrence Nwankwo of APGA, challenging his declaration by INEC.
Nwankwo who contested for the Ugwunagbo/Osisoma/Obingwa federal constituency was dissatisfied with the result announced by INEC as he challenged it at the national and state assembly tribunal sitting in Umuahia.
Ruling in an application brought by Ubani’s counsel, Mr Alfred Okukpon, Tribunal Chairman, Mr Justice Abiodun Adebara, held that Nwankwo’s petition was not only defective but incurably bad.
Adebara, who had earlier ruled that the absence of the petitioner or his counsel would not stall the application which was ripe for hearing, added that the issues raised were germane.
He said that the petitioner did not “front load” the list of witnesses, written statement on oath and list of every other document relied upon, noting: “No favour should be shown for not obeying the law”.
The tribunal chairman added that the provisions of the Electoral Act 2010 and the Practice Direction were unambiguous, pointing out that “the petition is defective, incuratively bad and ought to be struck out for non-compliance.”
He said that paragraph four of the first schedule to the Electoral Act provided that “petition which did not comply is defective”, and in the circumstances, “we hold that it is incompetent and it is hereby struck out”.
Earlier, Okukpon, while moving the application urged the tribunal to strike out the petition because it was grossly incompetent and defective.