By Ogenyi Ogenyi, Uyo
The Governorship Election Petition Tribunal sitting in Uyo on Thursday afternoon disnissed a petition, brought by the Akwa Ibom Governorship candidate of the All Progressives Congress, APC, Mr. Akanimo Udofia, challenging the election of Pastor Umo Eno of the Peoples Democratic Party as winner of the March 18,2023 elections.
The Tribunal had earlier on Wednesday dismissed petitions brought against it by the governorship candidates of the New Nigerian Peoples Party, NNPP and the African Democratic Congress,ADC for lack or merit.
Udofia had sought for the disqualification of Eno for allegedly presenting forged documents to the Independent National Electoral Commission, INEC, further alleging that he did not score the highest number of valid votes in the elections.
Udofia also accused the 2nd respondent of being convicted by an Abuja Magistrate Court, hence not qualified to be fielded for elections.
But the Tribunal in its unanimous decision ruled that the allegations of substantial noncompliance with the electoral law in the conduct of the elections, was not sufficiently proven by the petitioners in their case.
The Justice Adekunle Adeleye headed panel also unanimously ruled that the magistrate court in its judgment, nullified its earlier conviction of Eno and that once a judgement is nullified, it ceases to exist.
The tribunal disagreed with the petitioner on the legality of the setting aside of judgement by the same magistrate.
“It is not the duty of the tribunal to determine if the decision of the magistrate court to upturn its own judgment was justified. That falls under the jurisdiction of the Abuja High Court.” The Tribunal ruled.
On the issue of the qualifications of the 2nd Respondent, the Tribunal maintained that the Supreme Court had already determined that Pastor Eno was the authentic owner of the WAEC certificates he submitted to INEC.
The lead judgement read by Justice Kadi Usman Sikudu, also held that the petitioners having alleged that Pastor Eno was not the owner of the certificate he submitted to the 1st Respondent, INEC, did not produce any other person, as the authentic owner of the said 1981 WAEC certificate.
The tribunal also expunged the evidence tendered by the petitioners’ subpoenaed witness, an acclaimed Interpol officer, who came to tender a report on the 2nd respondent’s WAEC results.
On the petitioners’ allegation that the PDP made used of public office holders such as one Uwem Ekanem as collation agent in Ikot Abasi local government area, the tribunal ruled that Uwem Ekanem’s membership of the board of Ibom Power Company, cannot be classified as political office and that an party agent’s membership of a company’s board was not sufficient reasons for a candidate to be disqualified.
Udofia’s petition, according to the Tribunal, lacked merits as the petitioner was not able to establish one polling unit in which there was non compliance with the electoral law in the March 18 Governorship elections.
The tribunal also dismissed the ground of the petition by Mr Udofia, challenging the eligibility of Senator Bassey Albert, who came second in the election.
The tribunal insisted that at the time of the elections, there was a subsisting appeal by the convicted YPP candidate and this made him eligible to contest in the elections.
The tribunal also dismissed the claims by APC that Senator Albert was not qualified to be fielded by YPP having already vied for same office in the PDP.
It ruled that the petitioner not being a member of the YPP, had no basis to challenge who that party fielded and how he emerged as their candidate.
The tribunal is expected to reconvene on Friday for judgement in the petition by Senator Bassey Albert of the YPP, challenging the election of Eno.
