The Governorship Election Petitions Tribunal sitting in Enugu has rejected Governor Peter Mbah’s application to strike out the petition of the Governorship candidate of the Labour Party, Hon. Chijioke Edeoga over allegation of forged certificate of the National Youth Service Corps (NYSC).
Governor Mbah through his lawyer, Chief Wole Olanikpekun, SAN and Counsel to the PDP, Tochukwu Maduka prayed the court to strike out the petition seeking the disqualification of Mbah over the alleged forged certificate.
Olanikpekun argued that section 177 of the 1999 Constitution as amended provided qualifications required for contesting election, stressing that NYSC was not part of the requirements.
Olanikpekun therefore urged the court to strike out the petition against his client on the basis that the matter was already before the Court of Appeal.
The Counsel to Maduka further argued that there was a leave of appeal adding that the tribunal therefore had no jurisdiction to determine the case.
Olanikpekun’s submission was accordingly supported and adopted by the counsel to INEC, Mr S.I Okolie.
However, in his counter response, Counsel to Labour Party, Mr M.J Numa, urged the Tribunal to strike out the alleged forged NYSC certificate adding that Section 136 (4) of the Electoral Act 2022 stipulates that “All objections filed by election petitions shall be determined at the time of final judgement, stressing that there was no exception whatsoever.
Numa further argued that the provision of Sections 177 and 182 of the 1999 Constitution as amended are not mutually exclusive.
He specifically said that one does not supersede the other, adding that Section 182 has more elaborate provisions than 177.
According to him; “So, the main fact that the candidate has met the qualifying factors under 177 does not impair the court to disqualify him under 182. They are two separate provision that stand on their own”.
Numa also argued that there was no record of appeal on the subject matter thus, the 2nd respondent should provide a document on the matter appealed, stressing that the court cannot speculate the existence of an appeal and therefore urged the Court to reject such a plea.
Chairman of the Tribunal, Justice K.M Akano after the submissions of Counsels, said that ruling shall be delivered with judgement and therefore adjourned the continuation of the case to June 22, 2023.
