At the resumption of the Delta State Election Petition Tribunal in Asaba, the State capital on Wednesday, 12th of July, 2023, the petition filed by Mr. Peters Omaruaye of the All Progressive Grand Alliance (APGA) came up for hearing.
The first Respondent, Chief Ede Dafinone opened his defence with Chief Ominimini Obiuwevbi who mounted the witness box and identified himself as a doctorate degree holder from Agbarha-otor in Ughelli North LGA.
On cross-examination by counsel to the petitioner, Barrister Ediri Diejomaoh, asked the witness what was the mode of the APC primary election that produced the first respondent (Chief Ede Dafinone) as the candidate of the second respondent (APC) for the 2023 general election for the Delta Central Senatorial District seat.
It appeared the question was difficult for the Obiuwevbi to answer as he pondered over it for about 10 minutes which led the court to ask him to answer the question and prove that he possesses a Doctorate degree as he claimed.
It was after this intervention from the court that the witness was able to tell the court that the APC primary election that produced Chief Ede Dafinone as its candidate was an indirect mode of primary.
Again, when the witness was asked by counsel to the petitioner if the Caretaker and Extraordinary Convention planning committee of the APC that produced the APC national working committee, which in turn produced the first respondent (Dafinone) as a candidate of the second respondent (APC) was elected, the witness got confused and failed to answer the question.
It will be recalled that after the petitioner closed his case on Saturday 8th of July, the court directed the respondents to open their defence at the next sitting being 12th of July.
The APC constitution tendered by Chief Ominimini was admitted as evidence by the Court.
However, the petitioner’s counsel objected to the admissibility of the evidence which the first respondent seeks to tender. He informed the court that he will state his reasons in his final written address.
Answering a question by Barrister Ediri Diejomaoh, Obiuwevbi said that the election result declared by INEC was in compliance with the Electoral Law and INEC guidelines.
Answering another question put to him by the petitioner’s counsel, he said forms EC8B and EC25B are not inconsequential with the total number of votes cast and accredited as recorded in the final results sheet.
The 1st respondent closed his case after the testimony of Chief Ominimini Obiuwevbi.
The 2nd and 3rd Respondents, APC and INEC respectively told the court that they have no further witnesses to present. This led the tribunal to adjourn the case to 9th of August 2023 for court to be addressed by the respective lawyers of the petitioner and 3 respondents.
