Delta Guber: Omo-Agege Loses Tribunal’s Application For Ballot Recount

An application seeking a recount of the ballot papers used for the March 18 governorship election in Delta State has been dismissed by the election petition tribunal sitting in Asaba.

The application was brought by the governorship candidate of All Progressive Congress (APC), Ovie Omo-Agege, who is challenging the return of Sheriff Oborevwori of the Peoples Democratic Party (PDP) as winner of the election by Independent National Electoral Commission (INEC).

Ballot papers contained in bags were tendered by a subpoenaed witness from Independent National Electoral Commission (INEC), and were subsequently admitted in evidence at the tribunal on Monday.

Counsel to the petition, Alex Iziyon (SAN) had made oral application for the ballot to be counted. But the application was opposed by counsel to the second and third respondents, Damian Dodo and Ekeme Ohwovoriole, respectively.

Delivering the ruling at the resumed hearing, yesterday, the three-man tribunal panel headed Justice C.H. Ahuchaogu, held that such discretion cannot be done in an oral application.

“There is no merit in this oral application for recount and it is hereby dismissed,” Ahuchaogu held.

In his argument, Iziyon, had urged the tribunal to grant the application in the interest of justice, adding it was in the interest of all parties.

Counsel of the first respondent, INEC, Prof. J. Abugu had said the commission stood by the result and figure in the declaration of the second respondent as winner of the election.

He however said they would abide by the discretion of the tribunal to decide whether or not to re-count.

Oborevwori’s counsel Damian Dodo, SAN, in his objection, argued that a case for a recount of ballot by the petitioner has not been made out.

He argued that a person who is dissatisfied with results of the polls must first apply for a recount at the polling unit.

Dodo noted that nothing from pages 1 to102 of the petition showed that the petitioner demanded for a recount at any of the 1, 333 polling units in question.

He also said there was nowhere in the body of the petition where the petitioner sought a relief for recount of ballot papers.

On his part, Counsel of the third respondent, which is the PDP, Ekeme Ohwovoriole, described the application as unmeritorious and adopted in it’s entirety, the submission of the counsel of the second respondent.

(Daily Sun excluding headline)