THE Court of Appeal sitting in Benin, yesterday, ordered the Governorship Election Petition Tribunal in Edo State to commence fresh trial in the petition filed by the gubernatorial candidate of Peoples Democratic Party, PDP, Gen. Charles Airhiavbere, against the re-election of Governor Adams Oshiomhole.
Chairman of the three-man panel of the court, Justice Helen Ogunwumiju, who read the lead judgment, disagreed with the lower tribunal which had earlier ruled that the issue of Oshiomhole’s educational qualification was a pre-election matter.
According to the court, the lower tribunal, by the provision of Section 177 of the 1999 Constitution as amended, has jurisdiction to entertain Airhiavbere’s petition bordering on Oshiomhole’s educational qualification because the court can hear pre-election and election matters on qualification.
But Counsel to Governor Oshiomhole, Omoruyi Omonuwa (SAN), and Counsel to ACN, Ken Mozia (SAN), said they would open their eyes and study the judgment carefully before taking the next step.
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