The election petition tribunal for the April 26, 2011 governorship election in Delta state has struck out two of Governor Emmanuel Uduaghan’s applications, seeking for the dismissal of Chief Great Ovedje Ogboru’s petition.
Ogboru, a governorship candidate of the Democratic People’s Party (DPP) is challenging the return of Dr. Emmanuel Uduaghan of the Peoples Democratic Party (PDP) as governor in the April 26 governorship poll.
While striking out the application, the tribunal chairman, Justice Ayo Abisoye stated that the petition was in order and not an abuse of court process and that the petitioners acted within the rights allowed them by the constitution and Electoral Act.
Uduaghan’s counsel had argued that the filing of the petition by the Ogboru was an abuse of court process since he filed a similar petition at the re-run tribunal.
The tribunal therefore maintained that the two petitions came from separate and distinct actions and cannot be said to be same as the respondents are claiming, adding that Uduaghan’s request to strike out paragraphs 24, 26 and 28 of the petition, where Ogboru had indicted the PDP and security agents of gross election malpractice was a matter for evidence at the trial stage of the case before the tribunal.