Set up election tribunal, Edo chairmanship candidate tells judge

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Set up election tribunal, Edo chairmanship candidate tells judge

The chairmanship candidate of the Labour Party for the Oredo local government election held on September 2, 2023, in Edo State Daniel Onaghise, has petitioned the Chief Judge of the State asking him to comply with provisions of Edo Electoral Law in setting up a Local Government Election Tribunal.

In the letter addressed to the Chief Judge, Justice Daniel Okungbowa dated September 15, 2023, and titled “Re: Urgent Request for the Immediate Establishment of a Local Government Election Tribunal in Line with Section 78 of the Edo State Local Government Election Law, 2012”, the LP candidate commended the Chief Judge for constituting a Local Government Election Tribunal.

He, however, stated that the tribunal as approved by the Chief Judge comprises only three members contrary to the mandatory provisions of Section 78(3) & (4) of the Edo State Local Government Law, 2012 (as amended), which stipulates five members.

Part of the letter read, “My Lord, I am gratified to note that within 24 hours of my letter, which requested the immediate establishment of the Local Government Election Tribunal in response to the numerous concerns and grievances arising from the recently concluded Edo State Local Government Election, a press release ostensibly dated August 31, 2023, and signed by the Chief Registrar of the Edo State High Court, Pastor Benson Osawaru, was posted on the Edo State Judiciary’s website on September 14, 2023, indicating the establishment of the Local Government Election Tribunal.

“Additionally, banners have now been hoisted at the gate of the High Court Complex, Sapele Road, Edo State, notifying the public of the existence of the Tribunal. I appreciate Your Lordship for the prompt response in this regard.

“May I however respectfully bring to Your Lordship’s attention to a matter of utmost importance that warrants immediate consideration. I have been informed by my lawyers that the press release in question, which may have been hastily drafted, contains a significant oversight. Specifically, it asserts that the Chief Judge has approved the composition of a Local Government Election Tribunal comprising three members only.”

He further noted that the Local Government Election Tribunal having three members deviates from the mandatory provisions of Section 78(3) & (4) of the Edo State Local Government Law, 2012 (as amended), which unequivocally stipulated as follows:

“The tribunal shall be a judicial tribunal of five members, including the Chairman and four other members.

“(4) The Chairman shall be a serving High Court Judge and four other members shall be appointed from judicial officials who shall not be below the rank of Chief Magistrate. (underlining and bold letters are mine for emphasis.)”

Onaghise stressed that the provisions of Section 78 of the Edo State Local Government Election Law, 2012, which mandates the CJ to promptly establish election tribunals following elections to resolve electoral disputes in order to ensure fairness, justice, and the rule of law in the democratic process.

Onaghise had also noted that the local government elections were marred by challenges such as voter suppression, violence, and irregularities, leading to disputes among candidates, including himself. He had, therefore, instructed his legal team to challenge the conduct and outcome of the elections.

A day after the letter, the Registrar of the Edo State High Court, Osawaru, on September 14 issued a Press Release dated August 31, 2023, with reference number CR/4930/V/67 announcing the Chief Judgde’s approval of the constitution of a tribunal comprising three persons – Hon. Justice A. T. Momodu as chairman, and D. O. Fiade-Isirame (Mrs) and F. I. Oghoator (Mrs) as members.