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Waive dedicates victory to God as tribunal upholds mandate



The House of Representative member representing Ughelli North, Ughelli South  federal constituency, Rev. Francis Ejiroghene Waive has dedicated his victory at the National and State House of Assembly Election Petition Tribunal  to God.

Reacting  after the judgement delivered on Wednesday, September 11, 2019, at Asaba,  by the chairman of the tribunal, Justice A.M. Abubakar in Asaba, Rev. Waive pledged to  “make a difference “ in his constituency.

“I dedicate this victory to the Almighty God and the good people of Ughelli North Ughelli
South Udu Federal constituency.

“I renew my commitment to work for our people and make the difference we’ve all yearned for.

“Permit me to specially thank all those who worked for my victory at the Polls and everyone who stood by us” he said.

Continuing “I call for the support of all and
sundry to bring the dividends of
democracy to our constituency.”

Earlier, the 3-man tribunal in a unanimous judgement dismissed the petition filed by the Peoples Democratic Party (PDP) candidate for Ughelli North, South and Udu federal constituency, Chief Samuel Mariere against Waive of the All Progressive Congress (APC).

Before the judgement, the Tribunal stroke out the application by the petitioners to strike out their own witnesses, noting that it’s unmeritorious.

Stressing that, “to grant this application is akin to shifting the goal post in the middle of the game”.

However,it affirmed  Waive’s victory  saying that he won the highest number of lawful votes cast.

The other two members of panel Hon Justice FO Ibiam – Member I and Hon Justice JM Ayua – Member II agreed with the lead judgment.

The court went on to uphold the three preliminary objections filed by the three Respondents and struck out the grounds of the petition for being defective and offensive of section to 138(1) of the Electoral Act, that the petitioners have no locus standi to query the sponsorship of the 1st Respondent by the 2nd Respondent as same is strictly a party affair.

They also dismissed the petitioners application for the disqualification of Rev Waive on the account of Justice Toyin Adegoke’s judgment stating that petitioners cannot rely on the Adegoke judgment as same has been upturned by the Court of Appeal Benin and whatever orders made therein are nullified.

The tribunal went on to strike out the petitioners amended reply to the respondents replies as same was a repetition of the amended petition and introduced new issues outside the 21 days period.

The tribunal went on to determine the matter on its merit and accorded no probative value to all the petitioners witnesses.

“The Tribunal held that the issue of non-compliance and non accreditation complained of in 34 polling units (20 polling units in Ughelli North, 10 polling units in Ughelli South and 4 polling units in Udu) was not proved.

“That the allegation of falsification of result was not proved and that the allegation that 320 votes allegedly meant for the petitioners was not recorded for them was not proved.

Consequently, “the Tribunal held that the 1st Respondent, Rev. Francis Ejiroghene Waive was duly elected scoring the majority of lawful votes cast at the election.

“The petition lacked merit and was accordingly dismissed.”

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