Tribunal reserves ruling on Gov. Ortom’s motion against Jime, adjourns to June 24

By David Mzer

The Governorship election petition tribunal sitting in Makurdi today reserved ruling on a motion filed by Governor Samuel Ortom seeking to remove certain paragraphs from the reply of the candidate of the All Progressives Congress, APC, Emmanuel Jime to the Governor’s response to the petition instituted by Mr Jime.

When the case came up, lead counsel to Governor Ortom, Chief Sebastine Hon, SAN, appeared alongside Chief Edward Ashieka, SAN, and others.

He told the court that Mr Jime in his response to the Governor’s reply to his petition introduced new facts and witness statement of oath which were not originally in the petition, thereby amounting to a gross abuse of court process and contrary to the Electoral Act.

The Governor’s lawyer called on the tribunal to make an incursion into the original petition and Jime’s reply as it will be clear that new facts were introduced, especially in the case of Guma and Ushongo.

The Senior Advocate further called on the tribunal to depart from its earlier decision not to deliver ruling on all applications till the day of judgement.

Counsel to the Peoples of Democratic Party, PDP, Mr Oba Maduabuchi, SAN, who appeared alongside Chris Alechenu, Job Shember and others as well as the counsel to the Independent National Electoral Commission, INEC, Mr O. E Offiong all aligned themselves with the submission of Governor Ortom’s lawyer urging the tribunal to strike out certain paragraphs in Jime’s reply.

Responding, Counsel to Mr Jime, Mr Kehinde Eleja, SAN objected to the application by Governor Ortom, saying what was filed before the Tribunal was proper and also accused the Governor of introducing new facts.

He appealed to the tribunal not to deliver ruling on the motion filed by Governor Ortom, but stick to its earlier ruling on similar applications to hear the case on its merit and deliver the ruling alongside the judgement.

In his counter argument, Mr Hon told the court that trial by ambush is prohibited, adding that Jime’s lawyer
has not proven that the submissions in the Governor’s response are contrary to section 115 of the Evidence Act.

He argued that the Governor’s submissions are not contrary to section 115 of the evidence act, as they are not objections, prayers, legal arguments or conclusions.

He maintained that depositions are raw facts, and sighted the Supreme Court’s definition of new facts.

Ruling on the matter, the Tribunal Chairman, Justice Adebola Olusiyi reserved ruling till the day of Judgement. The Tribunal also reserved ruling on the application filed by the PDP which was argued and billed for ruling today,and subsequently adjourned to June 24, 2019 for commencement of full hearing.