Tribunal dismisses Ihedioha's pettition against Okorocha

 Emeka Ihedioha

The Election Petition tribunal sitting in Owerri, the Imo state capital on Wednesday, dismissed the petition filed by Hon. Emeka Ihedioha, the governorship candidate of the Peoples Democratic Party, PDP, in the April 2015 governorship election in the state.

Dismissing the petition, Chairman of the tribunal, Justice David Wyon agreed with the contention of the lead Counsel to Governor Rochas Okorocha, Chief Adeniyi Akintola(SAN) that the petitioner abandoned the petition having failed to do all he was expected to do after filing including the payment of the approved fee within the required time-frame.

Counsel to Governor Okorocha, Chief Akintola had filed a motion to that effect, asking the tribunal to strike out Hon. Ihedioha’s petition on ground of the serious flaws in the whole exercise and quoted extensively both the electoral law and the constitution vis-à-vis certain legal authorities to back up the motion.

Addressing Journalists at the end of the verdit, lead-Counsel to Governor Okorocha, Chief Akintola(SAN), said the petition was clear and was dismissed for running short of the provisions of the electoral Act, adding that the petition at the tribunal had come to an end, although he said the petitioner has the right to go for appeal.

According to Chief Akintola the “petitioner filed on the 23^rd June, and later went on July 3, 2015 to pay, which was clearly outside the 7 days prescribed by paragraph 18 of first schedule of the Electoral Act, then we latched on that, and then the question was whether the letter for pre-hearing notice without payment was valid and whether the payment made on the 3^rd of July will validate the pre-notice that was submitted.  No valid pre-learning notice was filed”.

He also said that the service of the 3^rd to 37 respondents in the APC secretariat had to do with the fact that majority of the respondents were members of the PDP, and since they were members of the PDP, could the same party sue them in an election petition.  the answer is no since you can not sue yourself, adding that they waited for them until the people responded and admitted being PDP chairmen at various LGAs in Imo.

Mr. Akintola said the petition was dismissed on points of law. 

Also reacting to the Judgment, the Deputy Governor of the state, Prince Eze Madumere described the dismissal of Hon. Ihedioha’s petition as legal victory for Imo people and a confirmation of Imo people’s mandate given to His Excellency in the April governorship election.

Prince Madumere intoned that the governor’s victory was ordained by God and whatever God ordains cannot be upturned by man, adding that what the court did was in line with the mandate of Imo people to the governor and the wish of God for Imo people.