Supporters of Honourable Munalayefa Edwin Gibson and the People's Democratic Party have called on the President of the Appeal Court, Hon. Justice Monica Dongban-Mensem to prevail on the three-member tribunal panel headed by Hon. Justice Oluwatoyin Mojisola Fadeyi in the National/State Houses Of Assembly Elections Tribunal Holding at Yenegoa, Bayelsa State to allow for expeditious hearing of the case
Honourable Munalayefa Edwin Gibson and Peoples Democratic Party PDP; the 1st and 2nd petitioners respectively who filed a petition (with Petition NO: EPT/BY/SHA/22/2023) challenging the result declared by the Independent National Electoral Commission (INEC) in favour of All Progressive Congress and her candidate Mr Godknows Obein as 1st, 2nd and 3rd respondents respectively for the Ogbia constituency II state assembly supplementary elections held on the 15th of April, 2023.
Chief Maxwell Odiba who made the call after the three-member tribunal panel namely:
HON. JUSTICE OLUWATONYIN MOJISOLA FADEYI ( female ) from Oyo State Ibadan as Chairman,
HON. JUSTICE OLAYINKA DAVID AFOLABI ( male ) member 1 from Osun State and
HON. JUSTICE MICHAEL ONOCHIE ( male ) member 2 from Anambra State unconditionally and repeatedly adjourned the case severally without cogent reasons Knowing fully well that the tribunal is time-bound which dey also complained but forcing the Petitioners to call just 4 witnesses in a full day which will make it impossible to cover 25 polling units registered in the petition; a strategy to frustrate the petition.
“We are hereby calling on the President of the Court of Appeal of Nigeria, HON. JUSTICE MONICA BOLNA'AN DONGBAN-MENSEM (CFR) to use her good office to prevail on this three-member tribunal panel headed by HON. JUSTICE OLUWATOYIN MOJISOLA FADEYI to allow the petitioners present their case in time without prejudice and suspicious tactics or delay game as the tribunal is time-bound.”
Recall that the tribunal in this matter had PW2 in the witness box to testify when Hon. Justice O.M Fadeyi raised suo moto and tactically dismissed the petition for applying for multiple issuance of pre-hearing notice even as the last application was okay by law and haven been overtaking by event; the panel claimed that the petitioner's applications were premature. This was done without any objections or fillings from the 1st, 2nd and 3rd respondents.
The petitioners however Appealed the ruling within two days on the 16th of August, 2023 at the Appeal Court in Port Harcourt. The Appeal Court on the September 15, 2023 gave a judgement in favor of the petitioners, returned the case back to the tribunal and ordered for an expeditious continuation of trial.
Ever since the case returned to trial Hon. Justice O.M Fadeyi has adjourned the case severally without any substantial reason.
The PDP supporters said it has been one delay tactics or the other since the case started at the tribunal after the filling of the petition. They emphasized that these adjournments did not come from the respondents but the Judges themselves against the will of the litigants.
PDP supporters noted that it is strange that the judges will be the ones calling for adjournment on a case that is time-bound and both parties are fully prepared to see through the proceedings.
Since after Appeal Court set aside Hon Justice M O Fadeyi pre-trial ruling, we returned back to the tribunal but our case is adjourned daily not considering we pay dues without progress; the most worrisome is the last adjourned date on Friday 29th September, 2023 as it was agreed by all parties to have our expert witness due to exigency of time but to our greatest surprise, Hon. Justice O.M Fadeyi surprisingly adjourned our case again till Thursday 5th October, 2023 without any reason as all parties were present in court and ready to go ahead with proceedings.
Supporters said they are appealing to the President of the Court of Appeal to prevail on the three-member panel to allow the court proceedings to go ahead without any hinderance and frustration and allow Justice prevail.
"We want to be allowed to prove our petition at the tribunal and call our witnesses within the stipulated time allowed by the constitution for this trial. We hope that the tribunal panel will not technically delay the proceedings and give room for our legal team to extensively prove our petition”.
PDP supporters made this passionate appeal to the President of the Court of Appeal of Nigeria, Hon Justice Monica Dongban-Mensem while addressing newsmen in Yenegoa on Friday 29th September, 2023 for their bitter experiences over these Hon. Justices
Signed
( Chief Maxwell Odiba )
PDP Stakeholder, Ogbia LGA
