Rose Ejembi, Makurdi
Pre-hearing has ended in the petition brought before the Governorship Election Petition Tribunal sitting in Makurdi, the Benue State capital by the governorship candidate of the All Progressives Congress (APC), Emmanuel Jime challenging the election of Governor Samuel Prtom of the People’s Democratic Party (PDP).
Chairman of the tribunal, Hon Justice Adebola Olusiyi, who on Saturday, adjourned the case till 24th June, 2019, for substantive trial said the “coast is now clear and the stage is set for full trial.”
Justice Olusiyi, while pointing out that there was only one pending Motion on Notice which would be taken outside pre-hearing, further disclosed that there should be strict compliance with the number of days parties are entitled to.”
However, lead counsel to Governor Ortom, Sebastian Hon (SAN), in his response on behalf of the bar, thanked their Lordships for the conduct of proceedings so far and assured the panel of their cooperation towards ensuring that the trial was conducted in line with the law.
Earlier, in his ruling on an application by INEC for an order to strike out certain paragraphs of Jime’s reply, Justice Olusiyi held that the panel could not depart from its earlier position, to defer ruling until the substantive petition was heard.
The chairman further held that there was no compulsion on the tribunal to deliver ruling on applications before hearing the substantive petition and accordingly reserved ruling on the application pending hearing of the substantive petition.
In the same vein, Ortom’s application which was struck out last week was refiled as a fresh motion dated 31st May, 2019 and filed on 1st June, 2019. It was argued and deferred for ruling at the conclusion of hearing.
The fresh motion which was predicated on five grounds and supported by an eight- paragraph affidavit and also a supporting affidavit, prayed the court to strike out certain paragraphs of Jime’s reply to the second respondent’s reply to the petition and to strike out additional witness statement on oath in the petitioner’s reply to the second respondent’s reply to the petition.
Ortom’s lead counsel, Hon argued that in replying to the second respondent’s reply to the petition, the petitioner offends the law by introducing new pleadings, describing it as a gross abuse of court process.
Replying on points of law, Hon submitted that no paragraph of his reply contained prayers, objections or conclusions as posited by the learned counsel to Jime, Kehinde Kolawole Eleja (SAN).
While submitting that his deposition contains raw facts which fit into the requirement of Section 285(5) of the Evidence Act, Hon insisted that the witness’ statement and certain paragraphs of Jime’s reply to second respondent’s reply to the petition offends the law and urged the tribunal to strike them out.
Although PDP and INEC did not oppose the application, Jime’s lead counsel, Eleja, opposed the application by filling a counter affidavit, supported by a written address on 4th June, 2019, in praying the Honourable Tribunal to strike out paragraph 2(a-b) of the affidavit in support of Ortom’s motion.
Ruling on the application, Justice Olusiyi insisted that ruling on the application would be delivered after conclusion of trial in the entire petition.