Osagie Ize-Iyamu, candidate of the Peoples Democratic Party (PDP) in the September 28, 2016, Governorship Election in Edo State, on Friday, lost the suit at the Court of Appeal for ballot recount.
The Court, sitting in Benin City, threw out the appeal, which included a request by the petitioners which include both the PDP and its candidate, that the time spent recounting the ballots should be restored so that they could call more witnesses.
Both PDP and Ize-Iyamu are the petitioners challenging the declaration of Governor Godwin Obaseki as winner of the September governorship election.
The petitioners’ counsel, Yusuf Alli, had filed for a ballot recount in four local government Areas, namely Egor, Akoko-Edo, Estako West and Estako East to prove their case of electoral irregularity.
They had contended that the tribunal erred when it stopped the recounting of the ballot papers once the 14 days given to the petitioners to present their case elapsed.
Delivering a unanimous judgment on the appeal, Justice Mudasiru Nasiru, who read the lead judgment, said he decided to take great caution not to go out of bounds since the tribunal was yet to deliver judgment on the main petition.
Nasiru held that paragraph 41 of First Schedule of the Electoral Act prescribed the time upon which petitioners and respondents were to prove and defend their case.
He ruled that any action done outside the prescribed time would be a nullity and that the tribunal was right to stop the counting of ballot papers after the 14 days had elapsed.
“Whatever any party should do to prove its case must be done within the time produced by the Schedule. Once a party commences, the time prescribed to it will start to run”.
“The two issues for determination are resolved against the appellants. The appeal is unmeritorious and lacked merit. It is hereby dismissed.”