Pastor Ize-Iyamu had asked the appellate court to order a complete recounting of used ballot papers from four local government areas produced before the lower tribunal. The four local government areas are Akoko-Edo, Egor, Estako West and Estako East. He contended 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 have elapsed. Pastor Ize-Iyamu also requested an order that the period utilized by the recounting be discounted from the the 14 days granted the petitioners to prove their case. He pleaded that the time be restored in order for him to call more witnesses. Delivering the unanimous judgment on the appeal, Justice Mudasiru Nasiru who read the lead judgment said he decided to take great caution not to go out of bound since the tribunal was yet to deliver judgment on the main petition. Justice Nasiru held that paragraph 41 of First Schedule of the Electoral Act prescribed the time upon which petitioners and respondents were to prove and defend their case. He ruled that any action done outside the prescribed time would be a nullity and that the tribunal was right to stop the counting of ballot papers after the 14 days have elapsed. His words, “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”. “The two issues for determination are resolved against the appellants. The appeal is unmeritorious and lacked merit. It is hereby dismissed.” On the Cross Appeal filed by Governor Godwin Obaseki on the directive of the tribunal, the appellate court described it as being at cross purpose, premature and preemptive on the final matter. It held that dealing with the issue would entails going into the main issues yet to be determined by the tribunal. An appeal by the All Progressive Congress on whether the tribunal was right to order a recount of ballot papers was also struck out by the appellate court. The APC had sought an order that the tribunal wrongly exercised its decision on the recounting of ballot papers since it was made outside the pre-hearing. But Justice M. A Abumen who read the lead judgment said the order was properly made since the used ballot papers were produced as demanded by the petitioners.]]>