Abia State Governor Dr.Okezie Ikpeazu has lost his bid to strike out the suit brought by the candidate of the All Progressive Grand Allaince(APGA) In the 2015 governorship election in Abia State.
PUO REPORTS Gathered that Chief Wole Olanipekun(SAN) who is the led counsel to Dr.Okezie Ikpeazu had asked the election petition Tribunal to dismiss on grounds that Oti’s Counsel did not formally inform them about the pre-hearing
“We are not aware the jurisdiction of this Tribunal to enter into Pre Trial has been activated. Essentially, there is no compliance with Section 18 (12) of the schedule to the Electoral Act which prescribes that an application should have been made to that effect. We are fully aware that the Supreme Court has clarified that such application need not be formal as it could be by experte application or by even a letter. We are not aware that any has been brought to this Tribunal and therefore, this Tribunal has no jurisdiction for purposes of Pre Hearing Trials. It is important to underscore that this case as it were, has an inter party colouration and I am particular that the 1st Respondent are yet to be served any process to that effect. The Act and indeed our various court rules presuppose service of any application on all the parties. This is a condition precedent to your Lordships sitting and consequential conduct of Pre Trial proceedings. Pre Hearing session cannot commence without compliance with the Electoral Act. Most importantly, the 1st Respondent is entitled to fair hearing and that makes it imperative that he must be served with all the processes that hinges on his right to fair hearing. Wole Told the Tribunal
But Counsel to APGA Candidate Dr.Alex Oti Akin Olujinmi reminded the Tribunal that notice can be served through telephone calls
“I start with Para 18 (1) which learned SAN, Wole referred to. As a matter of fact, it is a fundamental concession to the effect there is no formal way of entering Pre Hearing Trial. As even amplified by Wole SAN, the Supreme Court has emphasized that it can be by way of Motion on Notice or Exparte application or by way of letter or even by telephone call. If Wole SAN is right, which I think he is, a telephone conversation to the registrar of court should suffice. In Ugba v PDP (2013) FWLR 686, page 540 @ 548, the court was emphatic that the procedure is purely administrative and not judicial nor even quasi judicial. It does not go to nor affect substantive issues. If the application can be exparte, it implies that service on the respondent is not mandatory. The only notice the Respondents are entitled to is rather an action taken administratively by the officers of the court by virtue of the Petitioners notice to Court. That is the hearing notice to that effect issued by the registry in form of TF007 and consequential TF008.
“There is therefore, substantial compliance when these two forms are issued and served on parties. Unfortunately, the Respondents were economical on whether they have been served with those forms or not. If they are served with Form TF007 and they defaulted in filing Form TF008, they cannot turn around to hold us hostage by reason of their own default.
Again, the 2nd Respondent informed this Tribunal that he has filed a motion for dismissal on grounds that proper steps were not taken. I do not know of such application and if he did file such when we actually took the step he is complaining about, it will be in his interest to withdraw such application. I consequently ask your Lordships to let the Pre Trial commence. He Concluded
The Tribunal however dismissed Ikpeazu’s claims
“Having heard all parties… There is an application for Pre Trial from the office of Olujinmi SAN dated…I therefore overrule the objection
I order parties to be served here and now…I am satisfied that all parties are now served. Case is adjourned to 24th and 25th July for Pre Hearing Trial. We shall deal with all the motions on 24th and continue on 25th July. The Tribunal Chairman concluded.
It will be recalled that Alex Oti had gone to the election petition tribunal praying it to declare him the winner of the April 2015 Guber election in the state
