11th January, 2013
Edo state Governor, Adams Aliyu Oshiomhole has secured a reprieve in Nigeria’s Supreme Court in his legal battle against his challenger in the governorship election in his state.
The Supreme Court today upheld his appeal seeking to set aside the judgment of the Court of Appeal in Benin City which ordered that a fresh tribunal be constituted to determine whether he possessed the qualifications for election as governor.
In a unanimous decision delivered by Justice Bode Rhodes-Vivour, the seven man panel of the apex court held that the Peoples Democratic Party governorship candidate, Major General Charles Airhiavbere (retired) did not specifically plead the issue of Oshiomhole’ qualification at the trial tribunal.
Consequently, the court upheld the arguments of Chief Wole Olanipekun, a senior advocate of Nigeria, who represented the Edo state governor in the matter.
The governorship election tribunal had refused to consider the allegation that Oshiomhole did not possess the qualification to contest for governor but the apex court however ordered the parties to go back to the tribunal and determine the allegation of irregularities in the conduct of the election in some local government areas in the state.
The Court of Appeal in Benin City had earlier upturned the tribunal’s decision and ordered the parties to return to a newly constituted tribunal for the determination of whether Oshiomhole had the basic qualifications or not.
The governor was dissatisfied with the Appeal Court judgment and consequently appealed to the Supreme Court.
Olanipekun had told the court that there was no basis for the judgment of the court of appeal and contended that the PDP candidate grounded his petition on corrupt practice at the election and none compliance with the Electoral Act 2010, but not on Oshiomhole’s educational qualification.
He argued that the Court of Appeal made a case for the PDP candidate which he did not make for himself.
The petition challenges results in some of the 18 local governments in the state.
The Peoples Democratic Party had withdrawn from the petition leaving its candidate, Airhiavbere, to fight on alone.