The Labour Party in Delta State and its 2023 Governorship Candidate, Kennedy Kawahariebie Pela, have filed a 12-point ground appeal challenging the judgment of the Governorship Election Petition Tribunal regarding the victory of Rt. Hon. Sheriff Oborevweri as Governor of Delta State.
In the notice of appeal, Pela and the Labour Party are requesting the appellate court to issue an order that nullifies the judgment of the Governorship Election Petition Tribunal, which had previously dismissed their petition.
The Notice of Appeal reads” Take notice that the appellants being dissatisfied with the judgment of the Election Petition Tribunal, holden at Asaba, Delta State in petition No. EPT/DL/GOV/01/2023 between Pela Kawahariebie and another versus Independent National Electoral Commission (INEC) and 6 others, dated 29th September 2023, headed by Hon. Justice Chibuzo H. Ahuchaogu, doth hereby appeal to the court of appeal upon the grounds set out in paragraph 3 and will at the hearing seek the reliefs set out in paragraph 4 herein.”
Within the 12 grounds of appeal, the Labour Party and its governorship candidate contend that the tribunal judges made a legal error by independently striking out the names of three of the respondents mentioned in the appellant’s petition, without first allowing the involved parties to address this matter.
Parts of the grounds of appeal read; “The tribunal erred in law and thereby occasioned a miscarriage of Justice when page 10 of the judgment the summary of facts in the petition was only based on the facts elicited during cross-examination of the petitioner’s petition without recourse to their written statement on oath”.
“The tribunal erred in law when on page two of the judgment stated ‘this petition is a fallout of the governorship election held on the 18th and 19th of March 2023’.
“The trial tribunal misdirected itself and thereby occasioned a miscarriage of justice when paragraphs 10 to 19 of the judgment summarized the entire facts of the petition based on just the cross-examination of the respondents and refused to countenance the evidence in Chief of the petitioners”.
“The tribunal erred in law when it held on pages 34 and 35 of her judgment that no constitutional provision or electoral Act was cited.
“The Tribunal erred in law and reached a wrong decision when it found as a fact struck out paragraphs of the petition.
“The honorable tribunal failed to consider that the appellant listed the particular polling units and local government areas complained about in the petition and tendered pleaded documents such as the forensic report and incorporated same as documents to be relied on at the trial. It also misconstrued the provision in paragraph 4(4) of the first schedule to the Electoral Act, 2022 when it struck out the petition”.
“The Tribunal erred in law when it overlooked its finding that exhibit IR29, being the letter of resignation by the 3rd Respondent did not satisfy the admissibility check and the consequential rejection of same, yet failed to countenance the contention of the appellants that the 3rd respondent did not resign 30 days before the Election thereby occasioning a miscarriage of Justice.”
Furthermore, they argued that the tribunal overlooked substantial documentary evidence presented by the petitioners and appellants, resulting in a miscarriage of justice.
they, however, request the appellate court to grant the appeal and overturn the honorable tribunal’s decision dated September 29, 2023.
An order allowing the appellants action, and granting the reliefs sought in the petition based on the merit of the honorable court’s findings
Labour Party and its candidate are also seeking a ruling on suo motu be set aside and an order for the expeditious trial of the 5th, 6th, and 7th respondents.
Kanyi Daily recalls that the governorship candidate of the Peoples Democratic Party (PDP), Sheriff Oborevwori had been declared the winner of the governorship election in Delta State.
