July 3, 2015
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- Law News
The Governorship Election Petitions Tribunal in Cross River State has dismissed a petition filed by Mr. Fidelis Ugbo of the Labour Party challenging the declaration of Sen. Ben Ayade of Peoples Democratic Party as winner of the March 28 election.
Chairman of the tribunal, Justice Aliyu Maiyaki, gave the ruling on Friday in Calabar, following application by the Counsel to the Plaintiff, Mr. Bolutife Olusegun, to withdraw the petition.
In his argument, counsel for the plaintiff prayed the court to strike out the petition rather than dismissing it on grounds that the petition was still at preliminary stage.
But in a counter argument, Counsel for the 1st respondent, Mr. Mba Ukweni, said the petition ought to be dismissed because witnesses had been called and documents relating to the elections tendered before the tribunal.
Also, counsel for the Independent National Electoral Commission, Mr. Roland Otaru, urged the tribunal to disregard the prayer of the plaintiff and dismiss the case rather than striking it out.
In his ruling, chairman of the tribunal said the tribunal was in agreement with the respondents that the petition should be out-rightly dismissed.
He said, “All the respondents have agreed that the application is that of dismissal. We have carefully considered the submissions of the counsels. We have considered that the proper order is dismissal.
“Accordingly, the application is granted and the petition dismissed.”
In his response, the plaintiff’s counsel, Olusegun, expressed gratitude to the tribunal and wished the members well.
Reacting to the development, the state Secretary of the PDP, Mr. Godwin Ettah, described Ugbo’s action as a big relief and a welcome development.
Ettah said as a family, it Was a case of ‘no victor no vanquish,’ adding that the party under the leadership of Governor Ayade was poised to developing the state.
Also, Legal Adviser to Ayade, Mr. Alphonsus Eba, commended Ugbo for allowing peace to reign in the state.
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