By Victor Madumere
The long awaited commencement of the Election Petition Tribunal on the 2015 Imo State Governorship election, finally started yesterday, Monday 6th July 2015 at the Owerri High Court Premise, with both the petitioners and respondents counsel exchanging legal fireworks.
One of the cases that came up before the Justice David Wyom led Tribunal Panel was case EPT/IM Gov/3/2015 the petition filed by Rt Hon Emeka Ihedioha the Peoples Democratic Party PDP candidate as the Petitioner, with Chief Mike Ahamba SAN as lead counsel against the governor of Imo State, Rochas Okorocha of the All Progressive Congress, APC, as 1st respondent, APC, as the 37th respondent and 55 other respondents who are represented by Chief Adeniyi Akintola, SAN as led counsel.
At the end of the first legal battle on an objection raised by the counsel to the respondents , the petitioner, Rt Hon Emeka Ihedioha, won round one as the tribunal over-ruled the two objections.
Abinitio, Chief Ahamba had sort the consent of the honourable Tribunal to proceed with the pre-hearing. But Chief Adeniyi Akintola objected the motion, arguing that the respondents have not been served, stressing that the 39th respondent should have been served at her co-operate head quarters in Abuja as a co-operate body instead of through their office in Owerri, making reference to Ayogu vs Nnamani 2004.
Responding , Chief Ahamba provided the response to the petitioners questionnaire by the 1st to 37 respondents filed on the 26/6/15 which he (Ahamba) argued showed their accepted state in the pre-hearing proceeding.
He also told the honourable Tribunal that Chief Adeniyi Akintola, also stated that he could not respond because of his ill health which took him out of the country.
The petitioner, also told the tribunal that, the respondents are only afraid of his argument on extension of time to file reply because most of the respondents have not filed any reply. Ahamba however, urged the Tribunal not to allow case management over ride their case hearing, and cited the Electoral Act 1st schedule paragraph 8 sub. 3 which states that “no personal service can stop petition proceedings”.
Giving the ruling of the Tribunal the panel stated that the objections of the respondents were over ruled stating that service has been made a s the respondents have been represented by Chief Akintola. It was also ruled that co-operate organization can be served in any of its offices or through its high ranking officers, therefore the Objections were over ruled.
In accepting the ruling, the petitioner took the honourable Tribunal to Agu V Ogbeh 2004 Nigeria Week Law Report (NWLR) pg 74 paragraph 25 and Tukur Vs Gongola State Governor 1989, Idehe Vs Olehe 1991 6th NWLR. That having not filed anything till date, the law may not permit any other filing.
Consequently, other respondents that include 5th, 22th, 15th respondents argued that they appeared for themselves and were served in the court therefore should be given time to reply.
The Tribunal after taking all the arguments, adjourned to today.
