The Delta State Governorship Election Petition Tribunal in Asaba has dismissed the petition filed by Mr. Kennedy Pela, the Labour Party (LP) governorship candidate, on grounds of abandonment. The tribunal, chaired by Justice C.H Ahuchaogu, deemed the petition incompetent and a clear violation of Paragraph 18 Sub-Section 1 of the 4th Schedule to the Electoral Act, 2022.
Pela’s petition, identified as EPT/DL/GOV/01/23, contested the outcome of the March 18, 2023 governorship election and sought to overturn the declaration of Sheriff Oborevwori, representing the People’s Democratic Party (PDP), as the winner. The Independent National Electoral Commission (INEC) was named as the 1st respondent, while Oborevwori, his deputy Monday Onyeme, and the PDP were listed as the 2nd, 3rd, and 4th respondents, respectively. Additionally, the All Progressive Congress (APC) candidate, Ovie Omo-Agege, his running mate Friday Osanebi, and the APC itself were included as respondents.
The lead counsel for the 2nd and 3rd respondents, Damian Dodo, argued that the Labour Party’s petition had been abandoned. He pointed out that the petitioner failed to apply for pre-hearing notice within the allotted seven-day window. Furthermore, Dodo highlighted that the petitioner’s failure to request another pre-hearing notice rendered the petition abandoned. According to him, the petitioner had applied for pre-hearing notice on May 19, before the close of pleadings, which made the petition premature and incompetent.
In response, Justice Ahuchaogu ruled that “the petition is incompetent and was issued in flagrant violation of Paragraph 18 Sub-Section 1 of the 4th Schedule to the Electoral Act, 2022.” The tribunal sided with the 2nd and 3rd respondents, dismissing petition EPT/DL/GOV/01/2023, stating that there was merit in their application to dismiss the petition.