Edo Local Government Election Petitions Tribunal sitting in Benin City has struck out the petition filed by the Action Democratic Party (ADP) candidate for Owan West Ward 5, against Monday Ijeboi of the All Progressives Congress (APC).
The five-member tribunal, chaired by Justice (Mrs.) Uroh Erameh upheld the submission of Ijeboi and APC that the petition lacked merit with N10,000 cost in favour of each of the respondents.
Ernest Eguaoba of ADP had filed a petition against Ijeboi, APC, Edo State Independent Electoral Commission (EDSIEC) and the Returning Officer of Ward 5, Owan West Local Government Area.
Eguaoba had challenged the victory of Ijeboi in the councillorship election for Owan West Ward 5, on March 3, 2018.
He had argued that no election was held in Owan West, as electoral materials were not available to conduct the election.
In her judgment, Mrs. Erameh held that the petitioner did not tender any voters’ register to show whether there was accreditation or not.
Tribunal also held that the petitioner did not lead any evidence in respect of 90 days notice given by EDSIEC for the conduct of the local government election in March.
According to her, there is no evidence to show, but hearsay evidence, which is not admissible, adding that the allegation on ballot snatching must be proved beyond reasonable doubt.
The tribunal also admitted contradictions in respondents’ witnesses, but held that contradictions were of no effect in petitioners proving their case.
In related development, the tribunal held that it lacked jurisdiction to nominate or sponsor a candidate for an election, saying the petition filed by Robinson Brown of APC against APC, Omorogbe Osaro, and four others were pre-election matter.
In the petition, Brown said he was the lawful candidate of APC for the election based on the results of the primary that was conducted.