The Court of Appeal has ordered the Delta State governorship election petition tribunal to revisit the petition filed by the Labour Party’s candidate Ken Pella.
During the pre-hearing stage, Damian Dodo, lead counsel to the governor and his deputy, had argued in an application that the LP’s petition had been abandoned.
Dodo said the petitioner failed to avail himself of the seven-day window for a pre-hearing notice.
He added that the petitioner also failed to apply for another pre-hearing notice, thereby rendering his petition abandoned.
Dodo said the petitioner applied for pre-hearing notice on May 19 before the close of pleadings, and as such, the petition was premature, incompetent and should be dismissed.
Ruling on the application, C.H Ahuchaogu, chairperson of the tribunal’s three-member panel, dismissed Pela’s petition.
Aggrieved by the ruling, the petitioners proceeded to the court of appeal.
Delivering judgment on the appeal, the appellate court granted the prayers of the appellants and ordered that the petition be returned to the tribunal and be heard on its merit.