Ebonyi Bye-Election Tribunal: PDP Candidate Calls for Sack of Panel over Alleged Bias, Injustice

Benjamin Nworie in Abakaliki

The Ebonyi South senatorial candidate of the Peoples Democratic Party (PDP) in the February 3 by-election in Ebonyi State, Silas Onu, has called for the disbandment of the three-man tribunal panel over an alleged bias and lack of fair hearing.

In a petition addressed to the President of the Court of Appeal and the Judges, including Justice H.N Kunaza, Justice Bassey Bassey Nkanang and Justice M.O Agboola, Onu maintained that he does not have any confidence in the ability to dispense justice in the petition by the panel.

The petitioner noted that continuing with the panel was tantamount to having a sealed fate, as nothing just can come out from them.

Onu said: “On April 15, 2024, upon the closing of pleadings and an application for the issuance of pre-hearing notice, electoral materials, specifically the BVAS was specifically pleaded in the petition.” 

“The motion was opposed by the 2nd and 3rd respondent on the grounds other than law or facts, while the 1st respondents (INEC) against whom the application was made did not oppose it.

“We made our case for the grant of the order for inspection to be done during the trail and supported the application with a recent Supreme Court decision showing that the tribunal has the power to grant such an application in the interest of justice.

“The 2nd and 3rd respondents also pleaded the BVAS in their respective replies to the petition. On April 27, 2024, the tribunal delivered it’s ruling on the application dismissing same on the ground that granting it will amount to amending the petition.

“This claim by the tribunal can best be described as arguing the case of the respondent in the most untruthful manner, and it can never be acceptable to me and should not be allowed to infest the already beleaguered reputation of the Nigeria judiciary, especially in election cases.

“Firstly, in refusing the application, the tribunal claimed that the petitioner did not plead BVAS. This is not only false, but manifestly wicked and clearly intended to pervert justice by denying the petitioner the right to present their case and evidence before the Tribunal, because the BVAS was copiously pleaded in paragraph 42(16) of the petition at page 32.

“As if their blatant disregard for justice was not enough, the tribunal, without availing me with a copy of the ruling for my perusal so as to decide the next line of action, had hurriedly fixed April 30, 2024, for tendering of documents from the Bar on May 2, 2024, for opening my case which by their pre-hearing report should close by May 3 2024.”

He noted that the petition was not intended to substitute the judicial remedy for the biased ruling which would be appealed against but it was an administrative approach which has become necessary as the petitioner no longer have confidence in the ability of the panel to be neutral.

Meanwhile, the counsel to Senator Anthony Ani, Roy Umahi, expressed regret over the call for the disbandment of the tribunal panel.

Umahi, who was enraged passed vote of no confidence on the panel, noted that the panel had corrected the “slip” made in their rulings.