Jime vs Ortom: Appeal court to deliver judgment November 28

By David Mzer

The Court of Appeal, Abuja Division, will on Thursday, November 28,deliver judgment in the appeal filed by Emmanuel Jime of the All Progressives Congress, APC, against Governor Samuel Ortom of the Peoples Democratic Party, PDP.

This is contained in a hearing notice sent to the parties in the matter.

A five -man panel of the Court of Appeal presided over by Justice A. O Belgore had on Thursday, November 21, reserved judgment in the appeal after listening to the argument canvassed by counsel to parties in the matter.

Jime and the APC, had approached the court of Appeal to nullify and set aside the Judgment of the Benue State governorship election petitions tribunal which on October 7,2019, upheld the victory of Governor Ortom in the March 9 and March 23,2019 governorship election in Benue State.

At the last sitting, Counsel to Jime, Yusuf Ali, SAN, argued that evidence led by Jime’s witnesses cannot be said to be hear say, neither can the electoral documents tendered before the tribunal be said to have been dumped on the court since they were identified by the witnesses.

Counsel to Governor Ortom,Sebastine Hon, SAN, urged the court to dismiss the appeal and award substantial cost against Jime and the APC.

Hon told the court that the appellants called 59 witnesses,but through the power of cross examination, none of them could be said to be a credible witness.

He continued that the pleadings in the petition, the testimony of the witnesses and the final addresses of counsels are all contradictory and should be dismissed.

Counsel to the PDP, Chris Uche, SAN, urged the court to dismiss the appeal as it is totally lacking in merit and is deficient in quantify and quality.

He stressed that accreditation is regulated by section 49 of the first schedule of the Electoral Act 2010, as amended, and section 53(2)has in no way changed the method of accreditation.

Counsel to the Independent National Electoral Commission, INEC, Chief Offiong Offiong, SAN, also urged the court to dismiss the appeal, adding that when a petitioner makes allegations of over-voting, non-compliance, and similar electoral offences, he must present eye witnesses that saw what happened, and the petitioners have failed to do that.