The Enugu State Governorship Election Petition Tribunal recently witnessed a dramatic turn of events as an attempt by the Labour Party (LP) and its governorship candidate, Chijioke Edeoga, to amend serious errors in their final written address faced strong opposition from Governor Peter Mbah, the Peoples Democratic Party (PDP), and the Independent National Electoral Commission (INEC).

In the petition that was brought forward by Edeoga and his party, challenging the victory of Governor Mbah of the PDP as the validly elected governor of Enugu State, INEC, Governor Mbah, and PDP were listed as the 1st to 3rd Respondents.

The Tribunal, led by Justice K. M. Akano, had earlier reserved judgment in Chijioke Edeoga’s petition, following the adoption of the final written addresses by the parties.

However, during the adoption phase, an unexpected twist emerged when the petitioners, in their final written address, pleaded for the court to declare LP as the winner of the Rivers State governorship election instead of the Enugu State governorship election.

The lead counsel for the petitioners, Chief Adegboyega Awomolu, a Senior Advocate of Nigeria (SAN), sought to correct fundamental errors in their final written address. These errors included referencing Rivers State instead of Enugu, using the word “negative” instead of “positive” in a paragraph, and erroneously referring to the 2nd Respondent (Peter Mbah) as the ‘Petitioner’ in another paragraph.

INEC, represented by Abdul Mohammed Rafindadi (SAN), opposed the application, claiming that it was a calculated attempt to alter the position the petitioners had originally taken in their written addresses. INEC cited legal precedents, including Fingesi v. INEC (2019), to argue against allowing amendments to final written addresses.

INEC contended that the application was not a typographical error but an admission of the petitioners’ defeat in the case. Governor Mbah’s lead counsel, Chief Wole Olanipekun (SAN), also opposed the application, emphasizing that the adoption of final written addresses had concluded the matter for the respondents.

The LP team had anchored their case on allegations of forgery of Governor Mbah’s National Youth Service (NYSC) discharge certificate, falsification of election results, and over-voting in certain polling units. The Respondents – INEC, Mbah, and PDP – dismissed these allegations and criticized the credibility of the petitioners’ witnesses.

While the Petitioners had not provided evidence to support their claims of over-voting, the Respondents highlighted that LP Polling Unit agents had not been documented by INEC according to electoral laws. They further argued that relying on Mbah’s NYSC discharge certificate was irrelevant, as it was not a qualification for the governor’s position under the constitution.

The contentious attempt to amend the final written address adds another layer of complexity to the Enugu State Governorship Election Petition Tribunal proceedings. The Tribunal’s decision will play a significant role in determining the outcome of this closely watched case.

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