[November 06, 2008] Edo - Osunbor, Oshiomhole Know Fate Tuesday Tweet Nov 06, 2008 (Vanguard/All Africa Global Media via COMTEX) -- The Appeal Court sitting in Benin City has fixed Tuesday, November 11, 2008 for judgment in the appeal filed by Governor Oserhiemen Osunbor of Edo State against the judgment of the state Election Petition Tribunal which declared the governorship candidate of the Action Congress (AC), Comrade Adams Oshiomohle, winner of the April 14, 2007 election in the state. The Benin monarch, Oba Erediauwa, has directed residents of the state to fast for three days commencing from Sunday, November 9, 2008 to avert any crisis on account of the judgment. The President of the Court of Appeal, Justice Umaru Abdulahi, at the last hearing in the Appeal on October 4, 2008 said judgment would be delivered at a later date. However, in a November 5, 2008 sent to the parties in the suit, the court said: "Take note that the above mentioned appeal is listed for judgment before the Court of Appeal of Nigeria sitting at the Court of Appeal building Nov. 11th, 2008 by 9 O'clock." Meanwhile, the Oba who called for special prayers and fasting through a statement signed by the Secretary to the Benin Traditional Council (BTC), Chief Osaro Idah, said the fasting became necessary to enable the ancestors watch over the state and sustain the prevailing peace at this trial period. The fasting is to commence "from 6a.m to 6p.m each day and whoever that is not able to stay that long should start by 6a.m and stop by mid day. Everybody is expected to pray to God to prevent the people of Edo State and Nigeria at large from any battle that will lead to killings and blood-letting. All residents irrespective of their religion should take the exercise seriously." The Edo State Governorship Election Tribunal had, on March 20, 2008, nullified the election of Professor Osunbor and returned Oshiomhole of the Action Congress (AC) as winner of the 14 April 2007 gubernatorial polls. The tribunal also withdrew and nullified the certificate of return presented to Osunbor and ordered the Independent National Electoral Commission (INEC) to issue a certificate of return to Comrade Oshiomhole. The tribunal, in the judgment delivered by its chairman, Mr. Justice Peter Umeadi, held that after deducting invalid votes resulting from multiple registrations, multiple accreditation, multiple voting and unsigned ballot papers from the disputed figures, the lawful votes showed that Oshiomhole polled a total 166,577 votes as against Osunbor's 129,117 votes. Osunbor, dissatisfied with the tribunal judgment, appealed to the Court of Appeal, sitting in Benin to set aside the decision of the lower tribunal. The grounds of Osunbor appeal are the tribunal's reliance on un-pleaded facts and evidence at variance with the pleadings led to a miscarriage of justice. -That having regard to the pleadings and evidence led, the tribunal was right in holding that the petitioners successfully proved the allegations of corrupt practices, malpractices, violence and non compliance with the provisions of the Electoral Act in 12 local governments of Edo State. -He also questioned the tribunal's decision in voiding the election results in 12 local government areas of the Edo State on the ground that there were corrupt practices, mal-practices and non-compliance with the provisions of the Electoral Act in the said 12 local government areas, and -Whether the tribunal was right when they proceeded to act on such findings that the election results in Etsako Central and Akoko-Edo local government areas of Edo State were cancelled. -Whether the tribunal adopted and or applied the right standard on the issue of onus of proof and burden of proof required by law having regard to the circumstances of the petition. People's Democratic Party (PDP) wants the appellate court in its appeal, to determine whether in the light of the pleadings of the petitioners and the relief sought, the tribunal acted in accordance with the law in declaring inter alia that the first petitioner was the duly elected governor of Edo State in the election of 14th April 2007. -The tribunal adopted a proper approach to a consideration of the evidence of the witnesses in arriving at the conclusion that the allegations of corrupt practices raised by the petitioner were established. - The tribunal acted properly in relying on charts A to O, which were not pleaded and tendered as exhibit before the tribunal. -Whether the tribunal was right the way it treated RW20, RW30 and PW 47; and whether exhibits 108, 108A and 110 were properly admitted in evidence and whether they were of any value in resolving the issue whether elections in Etsako Central and Akoko-Edo local governments were cancelled. However, Oshiomhole in his reply to the appeal, asked the appellate court to determine whether having regards to the pleadings in this case, coupled with the present state of our electoral laws, whether the non-joinder of polling officers as parties in this case is of any consequence on the competence or success of the petition -Considering the state of pleadings in this case, together with the evidence (both oral and documentary) offered by the petitioners in support of the petition whether or not the case of the petitioners was proved in accordance with the law as to warrant the judgment delivered in their favour. -Considering the overwhelming documentary evidence put forth before the tribunal, coupled with evidence of PW47 and RW 22, whether the tribunal was not perfectly in order to have relied on same to arrive at its conclusions and judgment; -Considering the manifest irregularities and non-compliance with the provisions of the electoral Act established before the tribunal, whether the tribunal was not justified in voiding the votes derived from such irregularities. 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