APC governorship candidate, Emmanuel Jime, is challenging the return of Governor Ortom by INEC The Benue state governorship election petition tribunal siting in Makurdi, the state capital, has dismissed an application by the All Progressives Congress (APC) governorship candidate, Emmanuel Jime. Jime and his party, APC, had sought to amend a defective witness statement on oath of one of its witnesses.
As soon after the witness, Adayi Ekpe, from Ijugban, Ado local government area, entered the witness box and introduced himself, counsel to Governor Samuel Ortom, Sebastine Hon, SAN, raised objections on the competence of the witness to testify. He argued that the evidence proposed to be given by the said witness was not pleaded on paragraph 441, page 126 of the petition, which the witness’ statement on oath is attached to; adding that what was pleaded on the petition was in regards to polling unit 002, but what was in the witness statement was 002 (1).
Counsel to the Independent National Electoral Commission (INEC) Uyi Igunma and that of the Peoples Democratic Party (PDP) Emeka Okoro aligned themselves with the submission of Governor Ortom’s lawyer. However, Jime’s lawyer, Sunday Ameh, SAN, told the tribunal that he wanted to amend paragraphs 3, 4 and 5 of the written statement on oath of the witness, adding that he intended to move an application to amend it before Governor Ortom’s counsel raised his objection, sighting certain authorities to back up his submission.
In his counter argument, counsel to INEC, Igunma, submitted that an application for an amendment can only come from the witness, and not the counsel, adding that it must also be done within 21 days from the day election results were declared. Hon, counsel to Ortom, argued that to amend a defective or erroneous witness statement, the statement has to be re-sworn before a commissioner of oaths after the one seeking to amend the statement has sought and obtained leave of court, stressing that in this case he period for amendment had long elapsed.
Ruling on the matter, tribunal chairman Justice Adebola Olusiyi ruled that, in the interest of justice, the witness should be allowed to testify. Justice Olusiyi, however, dismissed the application to amend the defective witness statement and called on counsel to the respondents to raise their objections in their final addresses. The hearing marked the 12th day since the petitioners have begun calling witnesses in their efforts to void the return of Ortom as Benue state governor.
Jime has two more days to close his case. READ ALSO: Saraki: APC has uprooted ex-Senate president and his cronies in Kwara – Oshiomhole Three months ago, Jime filed a joint petition challenging the victory of Governor Ortom on Friday, April 12 at about 10:15pm by Sunday Ameh, (SAN). Ameh told reporters that the petitioners (Jime and APC) were challenging the return of Governor Ortom by INEC. The petitioners other grounds were that Governor Ortom was not duly elected by majority of lawful votes and that his election was invalid by reason of non- compliance with the provisions of the Electoral Act 2010 as amended.