Tribunal Denies Ize-Iyamu's Bid To Amend Petition
The Edo State Election Petitions Tribunal yesterday ruled against another attempt by Pastor Osagie Ize-Iyamu to make amendments to a paragraph in the petition filed before the tribunal.
Chairperson of the tribunal, Justice Ahmed Badamasi, held that the amendment could not be made by mere application.
The attempt to make the amendment was through a witness of Pastor Ize-Iyamu, Mr. Daudu Sunday, who said he wanted to correct what he termed a typographical error in the statement he earlier made on oath by changing the total number of votes cast from 650 to 652.
Daudu was testifying in the ongoing tribunal set up to listen to the petition filed by the People’s Democratic Party and Pastor Ize-Iyamu against the election of Mr. Godwin Obaseki on September 28, 2016.
During cross-examination by the Counsel to the Independent National Electoral Commission, Adegboyega Awomolor, Daudu, who claimed he was the PDP agent in Unit 4 Ward 9 in Akoko-Edo local government insisted that the total number of votes cast during the election was 652 and not 650 as stated.
Counsel to the petitioners, Roland Otaru, applied that his witness was of a mind to correct an error in paragraph four of his statement, describing the application as harmless and amorphous and stating that the witness was yet to adopt the statement.
Adegboyega however kicked against the application saying justice was not a one-way traffic.
He described the amendment as fraudulent and an attempt to amend the main petition.
Counsel to Governor Obaseki, Adetunji Oyeyipo, told the tribunal that the time for Pastor Ize-Iyamu to amend the petition had elapsed and that it would make evidence be at variance with pleadings.
Ruling on the application, Justice Badamasi held that the correction could not be made by mere utterances, and that the witness has not stated any reasons justifying why he wanted to make the amendment.
He further held that the application was not competent.