ASABA ––The National Assembly Election Tribunal in Delta State has dismissed the petition brought by the PDP Delta North Senatorial candidate, Dr. (Mrs.) Mirian Comfort Ali, against the declaration of Senator Patrick Osakwe of the Accord party, as winner by the Independent National Electoral Commission (INEC).
Dr. (Mrs.) Ali had brought the petition against the declaration of Senator Osakwe on the grounds that his candidature for the April 2007 senatorial election was invalid.
But counsel to Senator Osakwe, Mr. Ighodalo Imadegbelo (SAN) leading a team of lawyers, raised a ten-point preliminary objection to the petition, on grounds of incompetence.
Mr. Imadegbelo contended that the main thrust of the petitioner’s action disclosed no cause of action, more so that the question of sponsorship, nomination and substitution of the first respondent (Senator Osakwe) before the April 29, 2007 election into the National Assembly were pre-election matters triable by the Federal High Court or state High Court and not by the election tribunal.
He further submitted, that the matters pertaining to sponsorship and nomination of Senator Osakwe were internal affairs of the Accord party that sponsored the first respondent Senator Osakwe counsel to the petitioner, Chief A.P A Ogefere submitted that the respondents had misconstrued the issues, contending that the accord party did not validly present a candidate for the election, hence the main thrust of the petition.
He submitted that as at the time of election, Senator Osakwe was not a qualified candidate, to in its judgment, the election Tribunal, having considered all the legal points raised by both parties, held that the main plank of the petitioner’s action before the Tribunal rested on the sponsorship, nomination and substitution of the first respondent, Mr. Osakwe.
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