The Governor of Edo State, Prof. Oserheimen Osunbor, and the Peoples Democratic Party have appealed against the March 20 ruling of the Edo State Election Petition Tribunal, which declared Mr. Adams Oshiomhole of the Action Congress winner of the April 14, 2007 governorship election in the state.

Among other 13 grounds of appeal, Osunbor is seeking an order of the Court of Appeal, Benin to aside the judgment of the tribunal or in the alternative, order a fresh election in the 12 local governments where the election was voided to determine the winner of the election.

Osunbor’s appeal was filed by his counsel, Mr. Lateef Fagbemi (SAN), Chief E.L. Akpofure (SAN), Dr. Alex Izinyon (SAN) and S.O. Agwinede.

The governor is contending that the chairman and members of the election petition tribunal erred in law by returning Oshiomhole as the governor of the state having held that the election was voided in at least 12 local government areas over allegation of irregularities.

He is also contending that the tribunal erred by declaring that Oshiomhole won the election because he won majority lawful votes cast during the election.

He is further contending that the tribunal erred in law when they adopted arithmetical calculation of figures to arrive at the result, which was not based on evidence and pleadings.

In its separate 20 grounds of appeal, the PDP is contending that the tribunal erred when, in respect of criminal allegations of thuggery, shooting to scare away voters, snatching of ballot papers and boxes and others, it held that proof beyond reasonable doubt would only be necessary when evidence in support of such allegations was contradicted.

PDP’s appeal was filed by its counsel, Chief Akin Olujinmi (SAN), Yusuf Ali (SAN), J.O. Aghimien (SAN) and Ighodalo Imadegbelo (SAN).

PDP said, the tribunal also erred by relying on charts A to O introduced by the petitioners at the address stage, which was not pleaded, in calculating the majority votes of the parties and thereby occasioned miscarriage of justice to the appellant and breached their right to fair hearing as guaranteed by Section 36 of the 1999 Constitution.”

No date has been fixed for the hearing of the appeal.

Meanwhile, the tribunal sitting in Benin also nullified the election of a former Deputy Speaker of the Edo State House of Assembly, Mr. Fred Omoigberai.

But the legislator, who represents Owan East in the Edo State House of Assembly, said on Tuesday that the verdict would be upturned at the Court of Appeal.

The tribunal, headed by Mr. Justice Peter Umeadi, had nullified the election of the PDP candidate and declared that of the AC, Mr. Folly Ogedengbe, the winner.

The tribunal held that Omoigberai’s election could not stand because he failed to meet the requirements to stand election having been convicted by a mobile court in 1997.

The tribunal also nullified the election of the Deputy Speaker of the State House of Assembly, Mr. Levis Aigbogun, and ordered a re-run of the election in Ovia North-East Constituency One.

Reacting to the tribunal’s judgment, Omoigberai said he disagreed with the tribunal’s judgment and that he had “fertile grounds of appeal”.

“The tribunal merely observed that it will do ‘justice’ even though the public already knew the trend and pattern of their judgment.

The tribunal has so far nullified the election of four PDP House of Assembly members and two of AC members. It has also canceled the election of Mr. Ehioge West-Idahosa representing Ovia in the House of Representatives.