Governorship candidate of Labour Party (LP) in Delta State, Mr. Kennedy Pela, has challenged the dismissal of his petition by the state election tribunal at the Court of Appeal, Asaba.
The three-man tribunal headed by Justice C.H. Ahuchaogu had struck out Pela’s petition marked EPT/DL/Gov/01/2023, for filing the pre-hearing notice prematurely.
Pela had dragged the Independent National Electoral Commission (INEC); Governor Sheriff Oborevwori and his party, Peoples Democratic Party (PDP) and the candidate of the All Progressive Congress (APC), Ovie Omo-Agege, tot he tribunal contesting the outcome of the polls.
In a three-ground of appeal, Pela and Labour Party are praying the appellate court to set aside the ruling of the tribunal.
They also sought an order allowing the Appellants Action’, remitting the petition back to the Governorship Election Petition Tribunal, holden at Asaba to be heard on its merits.
They contended that the tribunal erred by misconstruing the law and principles relevant to application for issuance of pre-hearing notice as in forms T7007 in throwing out the petition.
They noted that the tribunal misapplied the provisions of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and the Electoral Act, 2022 to strike out the petition.