The candidate of African Action Congress (AAC) in this year’s Local Government Council (LGC) election in Benue State, Akpoko Gabriel Ogbadu, has petitioned the Local Government Election Petition Tribunal sitting at Otukpo, to nullify the return of Mrs. Erebe Agnes Uleko of People’s Democratic Party (PDP) as winner of the 2020 Obi Local Government Council Election for the reason that she was not qualified to contest.
Akpoko and his party are further praying the Tribunal to nullify the election and order a fresh one on account that its conduct did not comply with the provisions of the local government electoral law and guidelines for the election, issued by the Benue State Independent Electoral Commission (BSIEC).
In making his case before the Justice Ibrahim Mohammed led Tribunal, the AAC candidate called two subpoenaed witnesses to testify in respect of the 1st Respondent’s (Mrs. Erebe’s) claim that she attended LGEA Primary School, Ito Town from 1970 to 1976 and College of Health Technology Makurdi, the present College of Health Technology Agasha between 1996 and 1997.
The subpoenaed witness from LGEA, Oju Area Office, testifying in Subpoena Duces Tecumon told the Tribunal that the booklet containing the counterfoil of the First School Leaving Certificate of Primary Education with No. 037839 (Mrs. Erebe’s certificate) cannot be found neither are the records before 1977 available in the Area Education Office Oju.
The subpoenaed witness from College of Health Tech. Agasha, where the PDP candidate was said to have attended between 1996 and 1997 was led in evidence by the petitioners’ counsel and tendered the students’ enrolment for the year 1995, contrary to her claim that she was admitted in the college in 1996.
Both Mrs. Erebe and PDP did not call any witness to testify, while BSIEC was struck out as a party in the petition for filling response out of time.
In a final written address filed by Steve Idikwu, Esq, the petitioners submitted that education certificates filed by the PDP candidate contain falsehood as there was no such thing as Local Government Education Authority in 1976, the year Mrs. Erebe was said to have left primary school and that the College of Health Technology has failed to present the requested documents before the Honourable Tribunal, only presenting what was not referenced by the 1st respondent.
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According to the petitioners, Mrs. Erebi’s qualifications as presented to BSIEC and the claim that she attended LGEA Primary School Ito Town from 1970 to 1976 and certificate issued to her by Local Government Education Authority (LGEA) Oju Area Education Office in 1978 are false, insisting that there was no such thing as LGEA in the 1970s as the establishment of LGEA was effective 1st January, 1991, via Military Decree No. 3. Besides, it is the argument of the petitioners that Oju LGA was created in 1976 and as such, there could not have been an Oju Area Education to have issued her the said certificate in 1978.
On ground two, the petitioners’ counsel submitted that contrary to the Benue State Electoral Law and the Guidelines and timetable for elections as at 3:pm on election day, election materials were still at Obarike Ito, Obi Local Government headquarters and that throughout the LGA, there were no original results sheets distributed or used in the conduct of the said election in Obi Local Government Area among other irregularities and urged the court to so hold.
Consequently, the petitioners are praying for the declaration that Mrs. Erebe was not qualified to contest for the election as well as an order, nullifying the election and a fresh election order issued.
Hon Justice Mohammed, after listening to the submissions reserved judgment on a date to be communicated to parties.
The Next Edition reports that councils election in Benue State were conducted by BSIEC on May 30, 2020.
