ACN loses bid to join petition with ANPP against Suswam

THE governorship candidate of All Nigerian Peoples Party (ANPP) at the last April election in Benue State, Prof. Daniel Saror, has rejected attempt by Prof. Steven Ugbah of Action Congress of Nigeria (ACN) to consolidate his petition with that of the ANPP.Counsel to Saror, Mr. Christopher Orpin, vehemently opposed his client's merging his petition with that of Ugbah when his (Saror's) case is almost ripe for judgment, while Ugbah's matter is, according to him, still begging for direction.Earlier, Ola Rotimi Akeledoro (SAN), lead counsel to Ugbah, adduced reasons for the consolidation, saying that both petitions border on the election.Rotimi also contended that Paragraph 50 of the Electoral Act 2010 as amended, guarantees the court's discretion in the interest of justice to consolidate petition if it deems necessary. He further held that it would be incongruent for the tribunal to arrive at two different judgments.Opposing the motion, counsel to Governor Gabriel Suswam, Donald Denigwe (SAN), noted that such application for consolidation should be written and not be made orally.Denigwe, who said the application to consolidate is reflected in paragraph 47 of the Electoral Act 2010, insisted that a formal application is necessary, except the tribunal directs otherwise.He also said Saror is not a party in the case hence, the burden is on Ugbah to prove that he qualifies to consolidate him instead of just presuming.Also, counsel to the Peoples Democratic Party (PDP), Solo Akuma, opposed the application, stating that Saror, along with other respondents, should have been put on notice for any consolidation to take place.The Independent National Electoral Commission (INEC's) lawyer, J.S. Okutepa (SAN), said the issue of consolidation is not contained in the petition by Ugbah. 'There should be no ambush. Let us put all cards on the table', Okutepa insisted.Ruling on the issue, the tribunal's chairman, Justice Halima Mohammed, rejected the call for consolidation and insisted that all matters be held on merit.The panel adjourned the matter to January 11 to 14, 2012, for regularisation and adoption of processes.
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