Tribunal dismisses forensic report of Enugu APC guber candidate
Francis Okoye
Enugu State Governorship Election Petition Tribunal on Friday dismissed the forensic report of election materials brought by the candidate of the All Progressive Party, APC, Mr Okey Ezea.
Ezea had requested the tribunal to adopt the forensic report conducted on all the election materials used in the state for the 2015 election as part of his petition.
But the counsel to the respondent, Mr Patrick Ikwueto, opposed the application on the ground that the petitioner failed to list the report in his petition, adding that it is a pre-hearing matter which ought to be admitted at the pre-hearing stage.
Ikwueto told the tribunal further that the petitioner had at the pre-hearing stage informed the tribunal that he had concluded the inspection of the election material through an expert but did not adopt it.
“This is a brave act by the petitioner to jeopardize the court process.
“The admission of the report means re-opening the pre-hearing issues which the tribunal has gone beyond and allowing the document as evidence can affect the proceedings as the man who signed the report is not known”, Ikweto said.
He argued further that the time for submission of such report had expired as required by the Electoral Act and urged the tribunal to dismiss it.
Responding, counsel to the petitioner, Mr George Ogara, said he acted in compliance with the law.
However, the chairman of the tribunal, Justice A.D. Kuwaffa, in his ruling held that the petitioner failed to list the report in his petition during pre-hearing and dismissed the application.
He subsequently adjourned the case till July 22 for the re-opening of the first respondent’s case.
Mr Okey Ezea is challenging the declaration of the Peoples Democratic Party, PDP candidate, Mr Ifeanyi Ugwuanyi, as the winner of the election by the Independent National Electoral Commission (INEC).