Appeal Court orders tribunal to begin Airhiavbere’s petition against Oshiomhole afresh

Airhiavbere of the Peoples Democratic Party (PDP) is challenging the education qualification of Adams Oshiomhole to contest the July 14 governorship election in the state. He joined the ACN, INEC, the Resident Electoral Commissioner and the INEC Returning Officer, as co-respondents.

 On Sept. 27, Justice Suleman Ambrusa, struck out several paragraphs of the pleadings and held that it was a pre-election issue, which only the regular court had jurisdiction. Consequently, Airhiavbere appealed against the ruling.

In a lead judgment, Justice Helen Ogunwuniju, upheld Airhiavbere’s appeal, saying that there were triable issues in the petition. The court held that the tribunal erred in law to have disqualified itself from entertaining the reliefs that bothered on Oshiomhole’s education qualification to contest the governorship election. She held that even though the petitioner had the option of approaching either the regular court or the tribunal, Section 177 of the 1999 Constitution vested in the tribunal jurisdiction to entertain it. The court further held that the Supreme Court had always warned against dismissing election petitions on technical grounds without allowing parties to ventilate their issues on merit.

She further said that the tribunal erred in striking out several paragraphs of the petitioner’s pleadings on grounds that they were scanty. The court held that the appellant’s pleadings were clear and direct and that the form as stated in the paragraphs been struck out by the tribunal were the foundation of the appellant’s case. The appeal court in its judgment, therefore, restored all the pleadings as contained in the petitioner’s original petition.

She further ordered that the Acting President of the Court of Appeal should reconstitute a new tribunal to hear Airhiavbere’s petition on its merit. Justice Tom Yakubu, who concurred with the lead judgment, said that Oshiomhole’s integrity would be enhanced if the issue of qualification was laid bare and trashed out at the tribunal. Meanwhile, the court also in a unanimous judgment dismissed Oshiomhhole’s cross appeal against Airhiavbere’s appeal, holding that it lacked merit.

The court described the cross appeal as a mere academic exercise in view of the earlier judgment delivered in Airhiavbere’s appeal.

In his reaction, Airhiavbere’s counsel Aguenede commended the court for the judgment, saying that it would strengthen the pillars of democracy. The counsel to Oshiomhole and ACN, Mr Omoruyi Omonuwa and Ken Mozia, said they would study the judgment before taking the next steps. The Deputy Governor, Mr Pius Odubu, said that their lawyers would study the judgment and advise them on what next, while expressing confidence that they would get victory at the tribunal.