Enugu – The State and National Assembly Election Petition Tribunal in Enugu on Monday dismissed the petition filed by the All Progressives Congress (APC)against the candidate of the People Democratic Party (PDP), Mr Chukwuemeka Ujam, for non-appearance.
The APC candidate, Mr Sunday Eze, was challenging the declaration of the PDP candidate as the winner of Nkanu East/West Federal Constituency by INEC.
Counsel to the respondent, Mrs Justina Offiah, told tribunal to dismiss the petition as the petitioner and his counsel were absent without a cogent reason.
“The Electoral Act mandates all counsels to be present during pre-trial. The petitioner and his counsel, Mr A.O. Giwa failed to appear in three previous proceedings. In election petition matters, time is of essence.
“This is a deliberate act by the petitioner and his counsel and you know that time is of great importance in an electoral matter as the tribunal is bound by time to deliver its judgment.
“The law made it compulsory that if the counsel and his client fail to appear during pre-trial, either as a result of unpreparedness or without reason, the tribunal shall treat the petition as abandoned and dismiss it,’’ she said.
The Chairman of the Tribunal, Justice M. O. Adewara, ruled that there was no cogent reason by the petitioner and his counsel to abandon their case and dismissed the petition.
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Adewara awarded a cost of N50, 000 in favour of the first and second respondents.
Meanwhile, the tribunal reserved Aug. 11 to rule on the petition filed by the candidate of the People for Democratic Change (PDC), Dr Nnolim Nnaji, against Mr Chukwuemeka Ujam. (NAN)