Candidate of the Social Democratic Party (SDP) in Delta State in the March 18th 2023 governorship election, Olorogun Barr. Kenneth Gbagi, has asked the Governorship Election Petition Tribunal sitting in Asaba to dismiss applications seeking to strike out grounds A and B and some paragraphs counsels to his opponents finds “offensive” in his petition.
At the resume Pre-hearing conference on Monday 19th June 2023, the three-member panel of the tribunal headed by Justice C.H Ahuchaogu, asked counsels to present their applications if any for treatment.
Counsels to the 5th, 6th, 7th and 9th Respondents, argued that grounds A and B and some other paragraphs they found “offensive” to their clients be struck out of the petition filed by the former minister of State for Education.
The Respondents’ counsels cited several Court of Appeal rulings as their basis for their arguments.
They equally argued that the petitioner shouldn’t have dragged thier clients to the court having lost and not declared winner of the election.
However, their arguments were vehemently opposed by the lead counsel to the renowned Criminologist, Magaji Mato Ibrahim, a Senior Advocate of Nigeria (SAN).
He drew the attention of the tribunal to the provision of the law that gives him power to join more than one or two Respondents in a petition.
While replying to the applications, seeking to strike out grounds A and B and some paragraphs counsels to his opponents found “offensive”, Ibrahim, SAN equally cited several Supreme and Appeal Court judgements, urging the tribunal to dismiss their applications for want of merit.
After listening to arguments from all counsels, Justice C.H Ahuchaogu, announced that Pre-hearing in the petition ended 19th June 2023.
According to him, “By the agreement of the tribunal, we declare Pre-hearing conference closed.
“You will come to court on 24th of June 2023, for the report of the Pre-hearing.
“While we will commence hearing in this matter on the 7th of July 2023, being a Wednesday”, he the court adjourned till 7th July 2023.
