The Court of Appeal sitting in Benin City, Edo State, on Friday dismissed the Cross Appeal filed by the state Governor, Godwin Obaseki and the All Progressive Congress (APC) against a ruling of the election petitions tribunal.
Obaseki and the APC are challenging the refusal of Justice Ahmed Badamasi-led panel to strike out an offensive paragraph in a petition sent by the Peoples Democratic Party (PDP) and its candidate, Pastor Osagie Ize-Iyamu.
In its four grounds of cross appeal, Governor Obaseki and the APC contended that the trial erred in law when it held that “the whole essence of the application is to defeat the intendment of the petition through technical process, it is premature at this stage to consider striking out paragraph 17 – 753 and we so hold”
Among the reliefs sought by the cross appellants are an order of the appellate court to allow the cross appeal, an order granting their motion on notice dated and filed on November 30, 2016 by striking out paragraph 16(1) of the petition touching on corrupt practices and all other paragraphs of the petition, in which allegations of corrupt practices are pleaded including paragraphs 17 – 753.
They are contending that the tribunal breached the cross appellants’ constitutional right to fair hearing when it failed to adequately consider all the issues raised and submitted before it.
Justice Mohammed Mustapha, who read the judgment, described the cross appeal as a sheer waste of time.