The Court of Appeal sitting in Benin City has thrown out the
appeal filed by Pastor Osagie Ize-Iyamu and the Peoples Democratic Party
against the ruling of the tribunal on the recounting of ballot papers.
Pastor Ize-Iyamu had asked the appellate court to order a
complete recounting of used ballot papers from four local government areas
produced before the lower tribunal.
The four local government areas are Akoko-Edo, Egor, Estako
West and Estako East.
He contended that the tribunal erred when it stopped the
recounting of the ballot papers once the 14 days given to the petitioners to
present their case have elapsed.
Pastor Ize-Iyamu also requested an order that the period
utilized by the recounting be discounted from the the 14 days granted the
petitioners to prove their case.
He pleaded that the time be restored in order for him to
call more witnesses.
Delivering the unanimous judgment on the appeal, Justice
Mudasiru Nasiru who read the lead judgment said he decided to take great
caution not to go out of bound since the tribunal was yet to deliver judgment
on the main petition.
Justice Nasiru held that paragraph 41 of First Schedule of
the Electoral Act prescribed the time upon which petitioners and respondents
were to prove and defend their case.
He ruled that any action done outside the prescribed time
would be a nullity and that the tribunal was right to stop the counting of
ballot papers after the 14 days have elapsed.
His words, “Whatever any party should do to prove its case
must be done within the time produced by the Schedule. Once a party commences,
the time prescribed will start to run”.
“The two issues for determination are resolved against the
appellants. The appeal is unmeritorious and lacked merit. It is hereby
dismissed.”
On the Cross Appeal filed by Governor Godwin Obaseki on the
directive of the tribunal, the appellate court described it as being at cross
purpose, premature and preemptive on the final matter.
It held that dealing with the issue would entails going into
the main issues yet to be determined by the tribunal.
An appeal by the All Progressive Congress on whether the
tribunal was right to order a recount of ballot papers was also struck out by
the appellate court.
The APC had sought an order that the tribunal wrongly
exercised its decision on the recounting of ballot papers since it was made
outside the pre-hearing.
But Justice M. A Abumen who read the lead judgment said the
order was properly made since the used ballot papers were produced as demanded
by the petitioners.
By Osagie Otabor
