Court orders retrial of petition against senator

Uchechukwu Olisah, Benin City - 21.05.2009

THE Court of Appeal sitting in Benin City, on Wednesday, ordered the Delta Elections Petition Tribunal, to retry the petition challenging the emergence of Chief Patrick Osakwe as the senator representing Delta North senatorial district.

This came just as the appellate court upheld the election of Colonel Tunde Akogun (rtd) as the member representing Akoko Edo Federal Constituency of Edo State in the House of Representatives.

The petition, which had been ordered for retrial, was brought by Mrs. Marian Ali of the Peoples Democratic Party (PDP) against the election of Senator Osakwe of the Accord Party (AP).

In a judgment delivered by Justice Chioma Iheme, the court of appeal asked the Delta State Elections Petition Tribunal to establish if Senator Osakwe actually resigned from the PDP before joining and contesting the election on the ticket of the AP.

The court said its decision to order a retrial of the petition followed the failure of the AP to prove at the tribunal that Osakwe was a registered member of the party.

While upholding the election of Akogun, who is the Majority Leader of the House of Representatives, the court held that the lower tribunal lacked the competence to entertain the petition because it was filed outside the time allowed by the law.