Published On: Mon, Nov 16th, 2015

Delta Gov: APC Asks Appeal Court to Set Aside Tribunal Ruling, Says Judge Erred in Law

APC
LAGOS NOVEMBER 16TH (URHOBOTODAY)-The All Progressives Congress, APC, and its candidate in the Delta State governorship election, Emerhor Otega, have appealed the October 26 judgement of the election petition tribunal in the state.
The tribunal validated the election of Governor Ifeanyi Okowa of the Peoples Democratic Party.
The joint appeal against the judgement by the APC and Mr. Otega was filed at the Appeal Court in Benin City on October 13.

In the appeal no. CA/B/EPT/2015 by their counsel, T. J. Okpoko, the appellants expressed dissatisfaction with tribunal’s verdict, asking the appellate court to set it aside.
The appeal went further to establish 11 grounds of dissatisfaction with the judgment of the tribunal.
Among the grounds against the tribunal’s verdict, the appellants argue that, “Learned Justices erred in law in resolving against the appellants that the Petition was incompetent on the ground of non-compliance with the procedural rule in paragraph 4 (3)(b) of the 1st schedule to the Electoral Act 2010 (as amended ).
“That the Learned Justices misdirected themselves in law in holding that the petitioners have not been able to displace the presumption that the figure of the voters accredited for the Governorship election conducted in Delta State on April 11 2015 are stated in the election results declared by INEC are less than the total number of votes returned in the election.
“That the Learned Justices erred in law when having held that every voter that voted during the Governorship election must have been processed through the card reader went on to hold that the Petitioners have not been able to prove that the Governorship election held in Delta State on April 11 2015 was not held in substantial compliance with the provisions of the Electoral Act.
“That the Learned Justices misdirected themselves in law when they said that there was no conclusive evidence that all those that were accredited through the use of card readers had their data uploaded to the server where the data used by the Petitioners were downloaded.”
The APC and Mr. Otega therefore sought that the court allow the appeal and set aside the judgment of the governorship election tribunal and enter judgment in their favour.
They asked the Appeal Court to order the Independent National Electoral to conduct fresh election to the office of the Delta State Governor.

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