By Samuel itsede
Election petition tribunal seating in Cross River State has dismissed five more petitions filed by candidates of the All Progressive Congress, APC, against the candidates of the Peoples Democratic Party, PDP, in the state, challenging the outcome of the 2019 general elections to different seats of the National Assembly in the state.
It would be recalled that on Wednesday this week, the three-man election tribunal gave five judgements, one of which was between former Senate Leader Victor Ndoma-Egba of APC and Senator Sandy Onor of PDP, all in favor of the PDP.
Again on Thursday, the second panel with Justice A.A. Babawale as chairman with Justices S. B. Shuaibu and M. C. Okoh as members, delivered judgement in suit number EPT/CAL/S/09/2019 between Wabilly Nyiam of APC versus Senator Rose Oko of the PDP, and another concerning Cross River North senatorial district; EPT/CAL/HR/06/2019 Jude Ngaji of APC versus Hon. Jarigbe Agom Jarigbe of the PDP, concerning Ogoja/Yala Federal Constituency; EPT/CAL/HR/07/2019 Mkpanam Obo-Bassey Ekpo of the APC versus Hon. Daniel Asuquo of the PDP, concerning Akamkpa/Biase Federal constituency; EPT/CAL/HR/08/2019 Akibe Ekpenyong of the APC versus Rt. Hon. Eta Mbora and another concerning Odukpani/Calabar Municipal federal constituency; as well as EPT/CAL/HR/10/2019 between Dominic Aqua-Edem of APC versus Hon. Essien Ayi, for Bakassi/Calabar South/Akpabuyo federal constituency.
Grounds for dismissing the cases were similar, as stated by the tribunal which stressed that “the crux of the petition was the petitioners’ complains that they were unlawfully excluded from participating in the elections held on February 23rd by the actions of the second respondent- the Independent National Electoral Commission INEC.”
The first, second and fifth judgments; EPT/CAL/S/09/2019, EPT/CAL/HR/06/2019, and EPT/CAL/HR/10/2019 were read by the chairman of the tribunal Justice A.A. Babawale.
Justice Shuaibu read the judgement in suit number EPT/CAL/HR/07/2019 while Justice Okoh read the judgement in suit number EPT/CAL/HR/08/2019.
The tribunal said the APC in Cross River shut itself on the foot because they refused to resolve their internal disputes within the ranks of the party that gave rise to the Federal High court Judgement whose order remained valid and was obeyed by INEC.
The tribunal held that the delisting of APC candidates by INEC on the eve of the polls was not unlawful as contended by the petitioners because the judgement of the federal high court in suit number FHC/C/73/2018 remained valid and was bound to be obeyed as constitutionally provided.
The judges of the second panel however, deferred from those of panel one in their conclusions concerning the jurisdiction of the tribunal to entertain the exclusion matter being the crux of the petitioner.
While the first panel which sat on the previous day contended that the exclusion prayed by the petitioners qualifies for a pre-election case and declined jurisdiction, the second panel agreed with the petitioner that the election tribunal has jurisdiction to entertain their cases as it qualifies for a post-election matter.
However, the five petitions of the APC were dismissed on the grounds that the exclusion of their candidates by INEC was done lawfully in obedience to a valid court order.
They noted that the Appeal Court only set aside the Federal High court Judgment after the delisting had been carried out and the elections conducted.
The tribunal chairman urged the APC in Cross River to put its house in order and blame itself, rather than INEC, for their woes in the state.
