By: Israel Umoh
The ruling handed over to 10 appellants and 10 respondents from Akwa Ibom State by Court of Appeal in Calabar on Wednesday was seen as a mother of all judgments based on the fact that the cases almost raised the blood pressure of some litigants and their sympathisers.
The battle royale was drawn between candidates of All Progressives Congress as Appellants and those of Peoples Democratic Party, PDP, as Respondents while their lawyers looked like the best men.
The battle that was fought, lost and won at House of Assembly Election Petitions Tribunal was taken by the appellants to the Appeal Court as the final bus stop for decision.
Though the Tribunal had ruled in favour of PDP candidates, APC candidates who lost the cases and were not satisfied with the lower judgments thought that they could be upturned in their favour.
The appellants saw the Appeal Court as a better option and a referee for them to reclaim what they called a ‘stolen mandate.’
For Abak State Constituency, Barr. Victor Nkanang of APC appealed against the election of Elder Udeme James Otong of PDP.
The controversial Essien Udim State Constituency election forayed again into more confusion as to the appellant and the defendant are at the mercy of INEC to knowing their fate.
Esse Umoh of PDP had filed two appeals against the re-election of Nse Ntuen of APC. The three-man court ruled that “This is a sister appeal to the one just delivered by this court. The cross-appeal was filed by INEC challenging the decision of the.
“The Tribunal erred in law and had no jurisdiction to have ordered INEC to issue Certificate of Return to Nse Ntuen.
“The order of the Tribunal is hereby set aside for being a nullity.”
As it stands, a re-run is imminent.
For Etim Ekpo/Ika state constituency, Mfon Frank Idung of PDP was the respondent while Christopher Okorie of APC served as the appellant.
From Eket State constituency, Charles E. Sunday of APC lost to the incumbent, David Lawrence Udofa of PDP. Dissatisfied, Sunday appealed against the re-election of Udofa.
For Oruk Anam State Constituency, Udo Kierian Akpan of PDP won while Noah Frank Frank of APC lost. So, Frank appealed against the re-election of a three-time member, Akpan.
Idongesit Okon Ituen of APC who failed to be re-elected into the House was defeated by KufreAbasi Edidem of PDP. So, Ituen appealed against the election of Edidem for Itu State Constituency.
Idongesit Ntekpere won in Ikot Ekpene/Obot Akara state constituency. His re-election was challenged by Aniekan I. Melson of APC.
Asuquo E. Archibong of PDP defeated Aniefiok Omen Bassey of APC in Urue Offong/Oruko state constituency. Bassey appealed against the re-election of Archibong.
For Ukanafun State Constituency, Nnamnso Idiong of APC was the appellant while Dr. Charity Ido of PDP was the respondent.
In Uyo State constituency, Barr. Uwem Etim Umoh of APC appealed against the election of Anietie Bassey Ekah of PDP.
The three-man panel of the Appeal Court presided over by Justice Saidu Tanko Husseini, Justice Misitura Omodere Bolaji-Yusuff as a second member and Justice Muhammed Mustapha as the third member upheld the position of law as canvassed by the PDP lawyers.
The Justices while reading the 11 judgments differently dismissed the appeals of APC candidates on the ground of legal technicalities, thereby upholding the elections of the PDP candidates as the rightful winners.
On the content of election petition, Utibe Nwoko, the PDP leading counsel, stated that under Electoral Act 2010 (as amended), the petitioner shall (a) specify the parties interested in the election petition; (b) specify the right of the petitioner to present the election petition; (c) state the holding of the election, the scores of the candidates and the person returned as the winner of the election; and (d) state clearly the facts of the election petition and the ground or grounds on which the petition is based and the relief sought by the petitioner.
What led to the poor defeat of APC in their appeals, Nwoko said “The tribunal did not decide on the issue which I raised there. I raised it again in the court of appeal. I told the court that only the scores of candidates not scores of political parties are required by law. For example, the case of Rotimi Amaechi vs INEC in which Celestine Omehia took the matter to court but the Supreme Court ruled in favour of Amaechi. The matter is no longer existing in law.
“Based on the amendment to the Electoral Act 2010, the party is different from the candidate. So, for APC to have tendered the scores of the party alone in their petitions rendered them incompetent. So, all the appeals of All Progressives Congress, APC, were dismissed. I think the Electoral Act will be amended. It can be painful losing all the petitions, but that is the position of the law.”
In an interview with Straightnews on Thursday, the legal expert noted: “That of Uyo became a subject of discussion after the judgment was made. In Uyo, the appeal succeeded because one of the judges who were not present at the point of the hearing was directed to the lower judgment. A lawyer to the appellant- APC- raised a point of law that the judgment was a nullity. The court agreed with APC legal team that it was a nullity, but there was nothing the APC could do because the 180 days needed for the appeal had elapsed. The declaration of Anietie Ekah of Uyo stands. Even though the tribunal’s judgment was nullified, what did they gain? Nothing!”
Nwoko invoked paragraph 4 (1) (c) of the First Schedule to the Electoral Act 2010 (as amended) to slaughter the petitions of the APC that provides “The petitioner should state the holding of the election, the scores of all the candidates that contested the election.
“It is provision that was used as a weapon of mass destruction. It is a rat poison for a petition. which provides that “The petitioner should state the holding of the election, the scores of all the candidates that contested the election,” he narrated.
According to him, “Whereas the APC only stated the scores by PDP and APC. By the time, you argue that your opponent did not score the lawful votes, the Act says you must state the scores of all the candidates. For example, in Etim Ekpo, there were about 11 candidates, but Barr. Chris Okorie stated himself in APC and Mfon Idung of PDP scored votes and sought to be declared a winner. According to him, he claimed he had some documents showing 4,000 votes cast for him.”
Meanwhile, Mrs. Charity Ido, the member for Ukanafun State constituency in the State House of Assembly, has urged Ukanafun people to do away with party affiliation and sentiment.
The pioneer female Ukanafun lawmaker said that since the election and the tribunal tussle were over, it is time for all to unite and contribute their quota towards the development of Ukanafun.
A holder of a PH.D. in Education and a respondent, Ido thanked the Lord Almighty for standing by her to come out victorious and dedicated her victory to God.
She also thanked her husband, Friday Ido, a medical doctor and her supporters who stood by her and contributed to her success during the election and in the tribunal.
However, Chris Okorie, an appellant, wrote in the Facebook “The court of Appeal, being the final bus stop in matters like these, I have no option but to accept the verdict, and I so do, in absolute good faith.
“To me, this is the end of the matter, and I must go on with my life, which is totally in the hands of God Almighty.
“I wish to thank, in a special way, my legal team, led by Jumbo Udom, Esq, ably assisted by Samuel Udiminua, Esq and Magdalene Efiok, Esq, for a wonderful work. I am indeed very grateful.
“To my party members and supporters across party lines, I deeply appreciate your love, support, and sacrifices, before, during and after the elections, culminating in the verdict of today,” Okorie, a lawyer, commended.
According to him, “I charge you to accept the situation in good faith. We have lost an election, but not our lives and as our people say, ‘itong ana adu uwem, aya akongho nkwa.’
“I wish to place on record my profound gratitude to the leadership of our party, the APC, through the State Chairman, Obong Ini Okopido, for the honour done me, by giving me the privilege of flying the flag of the party as a candidate.
“In any electoral contest, there must be a winner. In this instance, our brother and friend, Elder Mfon Idung, has been adjudged and declared the winner. I hereby congratulate and wish him a successful and rewarding tenure for the benefit of the people of Etim Ekpo and Ika.
“My people, let’s move on. God bless us,” he concluded.
