APC/Obaseki lose and win at the Court of Appeal

The Court of Appeal sitting in Benin City over the appeal filed by the People’s Democratic Party (PDP) and Pastor Osagie Ize-Iyamu (POI) against the decision of the Justice Badamasi-led Edo State Governorship Election Petition Tribunal has dismissed the Cross Appeal filed by the All Progressives Party (APC) and Governor Godwin Obaseki (GO) which sought to nullify the recount of the ballot papers ordered by the Tribunal, a process that exposed a lot of inaccuracies and over voting which gave the APC the declared lead at the September 28 Election.

The court ruled that the cross appeal lacked merit and was a mere ‘academic exercise’.

In the same ruling, the Court of Appeal dismissed the appeal filed by the PDP and Pastor Osagie Ize-Iyamu challenging the judgement of the tribunal which validated the election of Mr Godwin Obaseki.

In dismissing the Appeal, the Court of Appeal described the Appeal as lacking in merit.

All parties have one final chance to appeal both decisions of the Court of Appeal.

The Electoral Act grants either party the right to approach the Supreme Court for adjudication and whatever decision the Supreme Court makes become final, binding and unappealable.

It is unclear whether the PDP or POI will appeal the decision but investigation by Urhokpota Reporters indicate that the PDP/POI will proceed to the Supreme Court shortly and advance their case.

The implication of the judgements by the Tribunal, for Nigeria’s jurisprudence and the country’s electoral system is dangerous because it gives the confusing impression that over voting means when the total number of votes cast exceeds the total number of voters registered instead of the total number of voters accredited to vote, thereby rubbishing the process of accreditation of voters in an election.

But the Supreme Court, being the repository of the jurisprudence of Nigeria, shall make pronouncement on this and clear any confusion.

 

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