The APC, in a motion, argued by its counsel, Ferdinand Orbih, SAN, on Wednesday, described the PDP petition as incompetent.
Orbih told the three man panel, sitting in Benin that the PDP’s petition was not filed in accordance with the extant law.
Besides, he said the tribunal lacked the jurisdiction to entertain the matter.
According to Orbih, further grounds for seeking the dismissal of the petition are contained in the motion paper dated Nov. 30, and supported by a seven paragraph affidavit.
In its counter-argument, the PDP through its counsel, Ken Mozia, SAN, urged the tribunal to discountenance the submission of the APC.
Mozia explained that the PDP had filed a reply and counter-affidavit to challenge the APC’s motion.
The tribunal’s chairman, Justice Wilfred Kpochi, however, reserved ruling on the motion until the final day of the case.
In another motion, APC asked the tribunal to strike out some paragraphs in the petition filed by the PDP and its candidate in the election, Dr Asue Ighodalo.
While arguing the application, Orbih urged the tribunal to deliver its ruling on the motion before it commenced hearing into the petition.
The PDP’s counsel, however, countered the application, urging the tribunal to dismiss the APC’s motion for lack of merit.
Justice Kpochi, however, discountenanced the argument of the APC, saying rulings on all preliminary motions would be delivered on the final judgement day.
Earlier, the PDP had also moved four different motions, calling on the tribunal to expunge various paragraphs in the replies of the Independent National Electoral Commission (INEC), APC and Okpebholo to its petition.
At the end, the tribunal adjourned to Dec. 21 for the parties in the case to file a common proposal that would guide the tribunal during the hearing.
The News Agency of Nigeria (NAN) reports that the PDP is challenging the declaration of Okpebholo as winner of the Sept. 21 election by the INEC.
INEC said Okpebholo polled 291,667 votes to defeat PDP’s Ighodalo, who recorded 247,274 votes. (NAN
