Appeal Court rejects Ize-Iyamu’s demand for extension of Ballot recount
The Court of Appeal sitting in Benin City yesterday dismissed an appeal filed by the Peoples Democratic Party (PDP) and its candidate in the September 28 2016 governorship election in Edo State, Pastor Osagie Ize-Iyamu calling for an extension of the counting of ballot papers.
Ize-Iyamu had asked the appellate court to order the tribunal to continue the recounting of used ballot papers from four local government areas produced before the lower tribunal.
The council areas where some counting had taken place include Akoko-Edo, Egor, Estako West and Estako East. He argued that the tribunal erred when it stopped the recounting of the ballot papers once the 14 days given to the petitioners to present their case elapsed.
Delivering unanimous judgment on the appeal, Justice Mudasiru Nasiru who read the lead judgment said he decided to take caution not to go out of bounds since the tribunal was yet to deliver judgment on the petition.
He held that paragraph 41 of the First Schedule of the Electoral Act prescribed the time upon which petitioners and respondents were to prove and defend their case. “Whatever any party should do to prove its case must be done within the time produced by the Schedule. Once a party commences, the time prescribed will start to run.”
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