Delta South Senatorial: Diden drags INEC, APC, Joel-Onowakpo before tribunal

*Mr Thomas Joel-Onowakpo, Senator-elect of APC.

(Nigeria) Michael Diden, candidate of the People's Democratic Party, PDP, has dragged the Independent National Electoral Commission, INEC, before the National and State Houses of Assembly Election Tribunal in Asaba, Delta State.

Specifically, Diden and his party, the PDP, in their petition marked EPT/DT/SEN/ 01/2023, are asking the tribunal to void INEC's declaration of candidate of the All Progressives Congress, APC, Mr Thomas Joel-Onowakpo as Senator-elect.
They predicated their request on the grounds that Joel-Onowakpo "was not duly elected by majority of lawful votes cast at the election" and the his election "was invalid by reason of non-compliance with the provisions of the Electoral Act, 2022".
In the petition dated and filed on March 17, 2023, by their team of lawyers led by Chief Ayo Asala, SAN, the petitioners amongst others are seeking an order of the tribunal "collating the results of the election conducted in Warri South Local Government Area to the lawful votes recorded in favour of the parties and declare the winner of the election based on the collation".
Prof. Anthony Peretimina, Returning Officer for Delta South Senatorial Election had last month announced the APC's candidate as winner of the Delta South Senatorial poll having scored a total of 49, 955 votes cast at the election.
The returning officer also announced PDP's candidate as 1st runners up having polled a total of 47, 656 votes cast at the election.
But, the petitioners faulted the Returning Officer for not complying with provisions of the Electoral Act, 2022, and the extant Regulations, Guidelines and Manual for Election Officials in the collation and declaration of the final results in the senatorial district.
According to them, election was held in all the eight LGAs consisting of the Delta South Senatorial District, but INEC refused to include results from Warri South LGA in its final computation of results and subsequent declaration of the APC as winner of the senatorial election in the district.
The petitioners claimed that the action of INEC despite protest from petitioners' agents amounts to a breach of the Electoral Act, 2022 and INEC's Regulations and Guidelines.
"The Petitioners shall contend at the hearing that the Local Government Collation Officer and Collation/Retuning Officer have no power to cancel and/or exclude any results validly declared at the polling unit level and that the decision of Local Government Collation Officer and Collation/Returning Officer in cancelling the result in Ward 06-Bowen and excluding lawful votes from the entire Warri South Local Government Area is contrary to the relevant laws, Guidelines and Manual issued by the 1st Respondent to guide the conduct of the election.
"The Petitioners state that the election in Warri South Local Government Area was peacefully conducted in accordance with the procedure spelt out in the Electoral Act, 2022, Guidelines and Manuals issued by the 1st Respondent as spelt out in paragraph 12 of the Petition.
"The Petitioners aver that the senatorial election in Warri South Local Government Area was simultaneously conducted with the Presidential and House of Representatives elections by the 1st Respondent on February 25, 2023. The processes of accreditation, voting, sorting and counting of the ballot papers and announcement of results at the polling units in Warri South Local Government Area were done contemporaneously with the Presidential and House of Representatives election at the same venue and time. At the end of the election, the 1st Respondent collated and announced the results of the elections with respect to the Presidential and House of Representatives elections.
"The Petitioners shall rely on a copy of Form EC8C issued by the first respondent for the presidential election to show that election was peacefully conducted in Warri South Local Government Area including the senatorial election on February 25, 2023.

*Michael Diden of PDP

"The Petitioners shall at the hearing lead evidence to show that election was duly held and results declared in eleven (11) Wards out of the 12 Wards in Warri South Local Government Area of Delta State and that the 1st Respondent was wrong in excluding the results collated and submitted to the Returning Officer in the final declaration of results (Form EC8E(1)).
The Petitioners claimed that results of contestants in the 11 wards in Warri South Local Government Area based on collation from form EC8B (1) revealed that APC polled 3,057 votes; PDP - 10,610 and the other political parties - 9,357.
"The Petitioners shall contend at the hearing that after the collation of the valid votes from Warri South Local Government Area which was unlawfully excluded from the computation of the final result by the 1st Respondent, the Petitioners scored a majority valid votes of 58,266 as against the 2nd Respondent's valid votes of 53,012 and that having scored the majority of the valid and lawful votes cast at the said elections, the 1st Petitioner is the winner of the said election and duly elected and returned as the Senator representing Delta South Senatorial District in the National Assembly.
"The Petitioners urge that it may also be determined and thus declared that the 2nd Respondent was not duly elected or returned by the majority of lawful votes cast at the Delta South Senatorial election held on February 25, 2023.
"The Petitioners also urge that it may be determined and thus declared that by the lawful votes cast at the Delta South Senatorial election held on February 25, 2023 the 1st Petitioner Diden Michael of the Peoples Democratic Party (PDP), the 2nd Petitioner, ought to have been returned and should be returned as the duly elected Senator representing Delta South Senatorial District of Delta State.
In further faulting the return of Joel-Onowakpo, the Petitioners, while observing that the margin of lead between the two leading candidates is 2,299, argued that, "the Electoral Act, 2022, Regulations and Guidelines for Election 2022, Manual for Electoral Officials 2023, issued, published and used by the 1st Respondent for the conduct of the National Assembly election of February 25 ,2023, among other elections throughout Nigeria, provide for the Margin of Lead Principles that where the margin of lead between the two leading candidates in an election is not in excess of the total number of collected Permanent Voters Cards (PVC) in polling units where elections are not held or cancelled, the Returning Officer shall decline to make a return until polls have taken place in the affected polling units and results collated into the relevant forms for Declaration and Return.
According to the petition, the total number of registered voters in Warri South Local Government Area where INEC claimed that the total election conducted therein were cancelled and therefore not collated for the purpose of final declaration is 187,140, while the total numbers of collected Permanent Voters Card (PVC) from Warri South Local Government Area where election did not hold and/or was cancelled is 162,082.
The Petitioners averred that from the margin of lead between the 1st Petitioner and the 2nd Respondent, which is 2,299, it is very clear that the numbers of registered voters and/or numbers of collected Permanent Voters Cards (PVCs) from Warri South Local Government Area exceeded the margin of lead between the 1st Petitioner and the 2nd Respondent.
"The Petitioners state that Warri South Local Government Area constitutes part of the strong holds of the Petitioners where they enjoy massive support of the electorates. Failure of the 1st Respondent to conduct supplementary election in Warri South Local Government Area after the purported cancelation of the result from all the polling units in the Local Government Area has denied the Petitioners substantial votes that would have enabled the Petitioners to win the election.

"The Petitioners state that since the margin of lead between the 1st Petitioner that scored 47,656 votes and the 2nd Respondent that scored 49,955 votes is 2,299, the 1st Respondent ought to have declared the election inconclusive in line with the provisions of the Electoral Act, 2022 and the Regulations and Guidelines for the 2023 Elections issued by the 1st Respondent.
"The Petitioners state that the failure to hold supplementary election in Warri South Local Government Area with a voting strength of 162,082 being the numbers of people that collected Permanent Voters Cards (PVCs) and therefore eligible to vote has substantially affected the result of the election in the Delta South Senatorial District having regard to the margin of lead of 2,299 between the 1st Petitioner and 2nd Respondent in the election.
Petitioners therefore prayed the tribunal for,

"A declaration that the 2nd Respondent was not duly elected or returned by the majority of lawful votes cast at the senatorial election into the Delta South Senatorial District held on February 25, 2023.
"A declaration that the decision of the 1st Respondent to cancel and exclude the result of the election duly conducted in Warri South Local Government Area, being one of the eight (8) Local Government Areas making up Delta South Senatorial District, is wrongful and constitute substantial non-compliance with the mandatory provisions of the Electoral Act, 2022.
"A declaration that the return of the 2nd Respondent as the winner of the senatorial election into the Delta South Senatorial District by the 1st Respondent is void by acts which clearly violate and breach various provisions of the Electoral Act, 2022, Regulations and Guidelines as well as the Manual for Electoral Officials 2023 issued by the 1st Respondent for the conduct of the 2023 General Elections.
"An order of this Honourable Court collating the results of the election conducted in Warri South Local Government Area to the lawful votes recorded in favour of the parties and declare the winner of the election based on the collation.
"An order declaring as duly elected and returned the 1st Petitioner, Diden Michael as the Senator representing Delta South Senatorial District having scored the majority of lawful votes cast at the said election held on February 25, 2023.
"An order setting aside the Certificate of Return issued to the 2nd Respondent by the 1st Respondent in respect of the senatorial election into the Senate of the Federal Republic of Nigeria for Delta South Senatorial District having not been duly elected by majority of lawful votes at the said election.
"An order directing the 1st Respondent to issue a Certificate of Return to the 1st Petitioner, Diden Michael as the duly elected Senator representing Delta South Senatorial District in Delta State.
Or in the Alternative,
"That it may be determined and thus determined that the 2nd Respondent was not duly elected or returned by the majority of lawful votes cast at the election into Delta South Senatorial District of Delta State held on February 25, 2023, by reason of failure to conduct supplementary election in Warri South Local Government Area where the election did not hold and/or was cancelled, and that the senatorial election in Delta South Senatorial District was inconclusive.
"That it may be determined and thus determined that the election into Delta South Senatorial District of Delta State held on February 25, 2023, be declared inconclusive and a supplementary election be held in Warri South Local Government Area, where election did not hold and/or cancelled in line with the provisions of Electoral Act 2022, Regulations and Guidelines and the Manual for Electoral Officials issued by the 1st Respondent for the election.
"An order setting aside the Certificate of Return issued to the 2nd Respondent by the 1st Respondent in respect of the senatorial election into the Senate of the Federal Republic of Nigeria for Delta South Senatorial District having not been duly elected by majority of lawful votes at the said election".