The petition filed by the All Progressives Congress (APC) and its candidate in the February 25, 2023, National Assembly election in Edo South Senatorial District, Valentine Asuen, was on Tuesday struck out by the Edo State Election Petitions Tribunal for lack of diligent prosecution.
Parties in suit number EPT/ED/SEN/01/2023 are the APC, its candidate, Hon. Valentine Asuen (Petitioners); the Independent National Electoral Commission (INEC); Labour Party (LP) and it’s candidate, Senator Neda Imasuen (1st, 2nd and 3rd Respondents) respectively.
In a unanimous judgement delivered by the Tribunal Chairman, Justice Yusuf Ubale Mohammed, the tribunal held that Hon. Asuen and his party, the APC, completely abandoned their petitions by filing a pre-hearing application on the 2nd respondent out of time.
According to the tribunal, the action of the petitioners is an implication that they have abandoned their petitions and “it is hereby struck out.”
However, after looking at the petition on its merit, the 3-man panel ruled that the petition was incompetent and had no iota of merit, adding that the petition ‘has no leg to stand,’; hence, the petition was unanimously dismissed again.
The tribunal had earlier resolved the non-qualification of the 3rd Respondent, Senator Imasuen, against the petitioners, saying that the issue was a pre-election matter that should have been challenged at the Federal High Court.
Justice Mohammed also held that the tribunal lacks jurisdiction to entertain any matter bothering on who a party candidate is or the mode of primary election of a party that is instituted by a non-member of the said party.
On the issue of dual citizenship of Neda Imasuen as alleged by petitioners, the tribunal ruled that the Senator representing Edo South Senatorial District is a citizen of Nigeria as the petitioners failed to present Imasuen’s alleged USA International Passport and his Oath of Allegiance.
Recall that INEC had declared the Imasuen winner of the February 25 senatorial election in Edo South, after defeating candidates of the Peoples Democratic Party (PDP) Matthew Iduoriyekemwen and Valentine Asuen, who came second and third respectively in the election.
Dissatisfied with the INEC’s declaration, the APC candidate, Asuen, approached the tribunal to challenge the outcome of the election on the grounds that Imasuen was not qualified to participate in the election as at the time it was held.
The petitioners also alleged that the Imasuen did not score the highest lawful votes cast in the election, his name not in the Labour Party members register submitted to INEC.
In a separate development, the National Assembly Elections Petitions Tribunal sitting in Enugu, on Tuesday, sacked Rep. Sunday Umeha of the Labour Party (LP), representing Udi/Ezeagu Federal Constituency of Enugu State.
The panel, led by Justice A.M. Abubakar, declared Dr Festus Uzor of the Peoples Democratic Party (PDP) as the winner of the February 25 poll.
Abubakar, while ruling on the petition filed by Uzor, averred that Umeha did not properly resign from PDP before picking the LP’s ticket.
The panel also held that even the purported resignation letter tendered by Umeha was signed by someone that was no longer a leader of PDP.
It, thereafter, directed the Independent National Electoral Commission to issue a fresh certificate of return to Uzor as the duly elected representative of the constituency.