APC, Edo State Governor File Cross Appeal Against Edo Tribunal Ruling

The Edo State Governor, Mr Godwin Obaseki and the All Progressives Congress (APC), have filed a four ground of Cross Appeal against part of the judgment of the tribunal that upheld the result of the gubernatorial election in the state.

The APC and Obaseki are the 2nd and 3rd Respondents in the appeal filed by Pastor Osagie Ize-Iyamu and the Peoples Democratic Party (PDP) at the Court of Appeal.

Obaseki and the APC are challenging the ruling of Justice Ahmed Badamasi refusing to strike out the offensive paragraphs and or the petition based on the two applications.

In its four grounds of cross-appeal, Governor Obaseki and the APC contended that the trial tribunal erred in law when it held that “the whole essence of the application is to defeat the intendment of the petition through technical process, it is premature at this stage to consider striking out paragraph 17 – 753 and we so hold ”

Among the reliefs sought by the Cross-Appellants are an order of the appellate court to allow the cross-appeal, an order granting their motion on notice dated and filed on ,30th November 2016 by striking out paragraph 16(1) of the petition touching on corrupt practices and all other paragraphs of the petition; in which allegations of corrupt practices are pleaded including paragraphs 17 – 753.

They are contending that the tribunal breached the Cross-Appellants’ constitutional right to a fair hearing when it failed to adequately consider all the issues raised and submitted before it.

The Cross-Appellants also said that the trial tribunal erred in law when it held at page 35 of the judgement as follows: “A careful perusal of paragraph 4 – 501 of the 3rd Respondent’s reply to the petition, one will see new issues raised by the 3rd respondent which are not contained in the petition”

They also submitted that the trial tribunal erred in law and breached the Cross-Appellants’ right to fair hearing when it held on page, 36 of the judgement as follows “There is no law prohibiting the petitioners from filing additional statement on oath of the Petitioners in response to the 3rd respondent’s reply to the petition”.

 

 

Source: Nation