S’court rules Friday on Oshiomhole’s suit

THE Supreme Court on Monday fixed Friday, January 11, 2013 to decide whether or not Governor Adams Oshiomhole of Edo State has an explanation to make before the state’s Election Tribunal regarding his qualification for election as governor.
Lead Counsel to the governor, Chief Wole Olanipekun (SAN), had contended that the Peoples Democratic Party (PDP) governorship candidate, Maj.-Gen. Charles Airhiavbere (rtd), did not specifically plead the issue of his qualification.
But the Court of Appeal, Benin Division rejected Olanipekun’s contention and accordingly ordered the parties to return to a newly constituted tribunal for the determination of whether Oshiomhole had the requisite qualification or not to stand for governorship election.
Dissatisfied with the Appeal Court’s judgment, Oshiomhole appealed to the Supreme Court.
Arguing the appeal Monday, Olanipekun said there was no basis in law for the judgment of the Court of Appeal.
According to him, the petitioner grounded his petition on corrupt practice and noncompliance with the Electoral Act 2010, but not on Oshiomhole non-qualification.
He said that the Court of Appeal made a case for the respondent, which the Respondent did not make for himself.
The petition challenges results in five out of 18 local councils. He said that PDP honourably withdrew from the petition because it was hopeless.
Responding, counsel to Airhiavbere, Chief Efe Akpofure (SAN), asked the court to dismiss the appeal and affirm the judgment of the lower court.
He said that the tribunal did not say that there was no ground to sustain the allegation that Oshiomhole did not have the qualification to run for governor.