Chairman, Delta State Governorship Election Petition Tribunal, Justice C. O. Ahuchaogu, yesterday dismissed an oral application by the All Progressives Congress (APC) governorship candidate, Ovie Omo-Agege, for a recount of ballot papers used during the March 18 election.
Ahuchaogu ruled: “There is no merit in this oral application for recount and it is hereby dismissed.”
APC’s counsel, Dr. Alex Izinyon (SAN), said the ballot papers have been admitted in evidence and marked as exhibits.
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He urged the tribunal to grant the application in the interest of justice.
Counsel for the Independent National Electoral Commission (INEC), Prof. J. Abugu, said the commission stood by the result and figures in the declaration of the second respondent, Governor Sheriff Oborevwori, as winner of the election.
He admitted that the tribunal had discretionary power of whether or not to count.
Oborevwori’s counsel, Damian Dodo (SAN), objected to the application, saying a case for a recount of ballot by the petitioner had not been made out.
He argued that a person dissatisfied with the results of the election must first apply for a recount at the polling unit.
He said nothing from pages 1 to102 of the petition showed that the petitioner demanded a recount at any of the 1,333 polling units in question.
He said there was nowhere in the body of the petition that the petitioner sought a relief for recount of ballot papers.
Counsel for the third respondent, the Peoples Democratic Party (PDP), Ekeme Ohwovoriole (SAN), said the application was unmeritorious and urged the tribunal to dismiss it.
