*Awards 500 Thousand Naira as cost against petitioner
By: Celestine Ukah
The election petition Tribunal sitting in Asaba the Delta State capital Saturday September 9, 2023 affirmed the election of Hon. Chief Thomas Ereyitomi JP as the duly elected Member Representing Warri Federal Constituency under the Peoples Democratic Party, PDP in the February 28, National election.
The Tribunal also dismissed the petition of the APC candidate Ekpoto Ekpoto Emmanuel and also awarded a cost of 500 thousand Naira against him to pay the 2nd respondent and the duly elected Warri Reps member Hon. Chief Thomas Ereyitomi.
While delivering judgement on the case with suit No. EPT/DL/HR/15/2023: EKPOTO EKPOTO EMMANUEL & ANOR
V INEC & 4 ORS by the Chairman of the three Man Panel of the Tribunal, Justice Catherine Ogunsola, who read the judgement while dismissing the case in Asaba said that the petitioner case lacks merit.
The Petitioners according to Justice Ogunsola, failed to call evidence unit by unit and ward by ward to establish malpractice in the election, noting that the Petitioner in it’s pleadings did not demonstrate the discrepancy between the number of accredited voters, the lawful votes cast and how it affected the outcome of the election, adding that attempt to do such in it’s Written Address was of no moment.
The Tribunal also dismissal the alleged forgery of the 3rd Respondent’s NECO, it was not established as there is no disclaimer from the issuing authority. Besides, no mens rea could be inferred.
Judgment was Delivered in each and every relief in the petition as well as the petition itself all dismissed.
Counsel to the 2nd respondent and the affirmed winner and member representing Warri federal constituency, Chief Ereyitomi, Chief Robinson Ariyo described the victory at the tribunal as victory for democracy as well as those electorates, who voted massively for Hon. Chief. Ereyitomi during the Poll.
It would be recall that INEC, on March 2 2023 declared Hon. Chief Thomas Ereyintomi, winner of the election having scored 20,155 votes to defeat his closest opponent Young Piero Omatseye of the Labour Party LP, who pulled 9, 491 votes.
