The Governorship Election Petition Tribunal sitting in Asaba, Delta State capital, has ordered the candidate of the Social Democratic Party (SDP), Olorogun Barr. Kenneth Gbagi, to serve the Governor-elect, Sheriff Oborevwori, with copies of petition seeking to disqualify him and his running mate, Monday Onyema through substituted means.
In Petition No. EPT/DL/GOV/02/2023, the tribunal specifically ordered that the petition should be served on them both 3rd and 4th Respondents respectively through their political party, Peoples’ Democratic Party (PDP).
The tribunal equally ordered that the candidates of the All Progressives Congress (APC), Ovie Augustine Omo-Agege and his running mate, Friday Osanebi, who are both the 6th and 7th Respondents and their counterpart in the All Progressives Grand Alliance (APGA), Chief Great Ovedje Ogboru and his running mate, Chinedu Sydney Allanah, 12th and 13th Respondents respectively.
Also served are Labour Party (LP), its governorship, Ken Pela and running mate, Julie Nwangogo Mukoro who are both 8th, 9th and 10th Respondents respectively.
The order granting leave by the tribunal followed motion ex-parte filed by Gbagi on 17th April 2023, before the Governorship Election Petition Tribunal.
The SDP gubernatorial candidate had accused his opponents in the March 18th 2023 governorship election of deliberately avoiding being served the petition.
The petitioner told the tribunal that several attempts by him to serve the petition on the PDP, APC, APGA and Labour Party candidates proved abortive.
Leader of Gbagi’s legal team, Chief Chris Uche (SAN) moved the applications on 6th and 17th April 2023 respectively.
“An Order by the Honourable Tribunal granting leave to the Petitioners/Applicants to bring and move this application before the Pre-Hearing Session and for same to be heard and determined accordingly.
“An Order of this Honourable Tribunal granting leave to the Petitioners/Applicants to serve the 3rd and 4th Respondents with the petition and any other accompanying processes filed before this Honourable Tribunal by substituted means, to wit.
“By delivering same to the National Legal Adviser or any officer in the legal department of the 2nd Respondent at the 2nd Respondent’s National Headquarters.
“In the alternative, by pasting same at the gate of the National Headquarters of the 2nd Respondent and for such service to be deemed as good and proper service on the 3rd and 4th Respondents or in the alternative, by pasting same on the notice board of this Honourable Tribunal and for such service to be deemed good and proper on the 3rd and 4th Respondents.
“An Order of this Honourable Tribunal granting leave to the Petitioners/Applicants to serve the 6th and 7th Respondents with the petition and any other accompanying processes filed before this Honourable Tribunal by substituted means, to wit.
“”By delivering same to the National Legal Adviser or any officer in the legal department of the 5th Respondent at the 5th Respondent’s National Headquarters and for such service to be deemed good and proper on the 2nd Respondent or in the alternative by pasting same on the gate of the National Headquarters of the 5th Respondent and for such service to be deemed as good and proper service on the 6th and 7th Respondents”.
Meanwhile, in Paragraph 7, First Schedule, Form TF 003, Electoral Act 2022, in the National Election Tribunal/Court of Appeal Holden in Asaba, between Gbagi and INEC, in a Notice of Presentation of Petition dated 6th of April 2023, stated: “Take notice that a petition, a duplicate whereof is attached hereto has this day been presented in the Registry of the tribunal Court of Appeal named above and that you are to enter an appearance in respect of the petition to the said Registry within seven days of the date when this notice was left at your address as set out below or as the Court may directed by order under paragraph 8(2) or First Schedule of this Act, otherwise proceedings on the petition may be continued and determined in default of your appearance, and any document intended for you may be posted on the notice board, which shall be sufficient enough thereof.
The notice of presentation of petition was signed and copied to the 12th and 13th Respondents by the Secretary of the Tribunal.
Full blown trial has commenced as the candidates and their parties haven been served, it is now timeous for the parties and their respective candidates to respond to the petition as the days have started counting.
Essentially, Gbagi wants the tribunal to disqualify Oborevwori, Omo-Agege, Ogboru, Pela and their running mates as they are not eligible to contest the election and formally declare him as the winner of the March 18 governorship election in the state.
