The Supreme Court has set aside the ruling of the Court of Appeal which upheld a petition filed by the governorship candidate of the People’s Democratic Party (PDP) in the last Edo state governorship election, challenging the academic qualification of Mr Adams Oshiomhole.
Justice Bode Rhodes-Vivour who delivered the lead judgment said the appellate court erred in its ruling since the petitioner did not make the issue of qualification a ground in his petition before the tribunal.
He also added that it was a blunder on the part of the petitioner not to make the issue of qualification a ground for challenging the election of Governor Oshiomhole rather than smuggling it through the back door.
The Judge noted that since a petitioner is bound by his petition, there is no ground on which the petition will stand and as such the ruling of the Appeal Court was struck out and the ruling of the tribunal upheld.
The court however ordered the tribunal to hear paragraph 30 of the petition which sought to disqualify votes in five out of the 18 local government areas in Edo state as a result of alleged electoral malpractice and corruption.