The Court of Appeal, Abuja, on Thursday, affirmed Pastor Umo Eno as the Akwa Ibom State Governorship Candidate of the Peoples Democratic Party (PDP) in the March 11, 2023 election.
The three-man panel of the Court presided over by its President, Justice Monica Dongban-Mensem dismissed the appeal (Suit No: CA/C/369/2022) filed by an aggrieved governorship aspirant, Akan Ekpe Okon against the respondents: PDP, Independent National Electoral Commission (INEC) and Umo Eno.
The court described it as funny that the appellant who was neither a member of the group nor a staffer of West African Examinations Council (WAEC), yet he presented a document purportedly issued to the group as evidence in court.
Also read: Akan Okon, Umo Eno Know fate Today as Appeal Court rules
The court, therefore, upheld the decision of the Federal High Court to ignore the forensic expert.
The court also held that the lower court was right to have accepted the evidences of subpoenaed witnesses without allowing them to testify.
Mr. Okon who participated in the PDP primary election in May got only three votes, while Mr Eno had 993 votes from the 1,018 delegates accredited for the exercise.
Mr. Eno is the preferred candidate of the outgoing Governor Udom Emmanuel.
The appellant, Okon, alleged that Mr Eno presented a forged voter’s card and two forged WAEC certificates of 1981 and 1983.
Mr Okon also stated that the PDP screening committee cleared Mr Eno in error to participate in the May 25 governorship primary.
He also claimed that Mr Eno altered his date of birth resulting in three different dates of birth – 24/25 April 1964 and 1 January 1964.
Recall that Justice Agatha Anulika Okeke of the Federal High Court, Uyo in November 2022, upheld the candidacy of Umo Eno, awarded a sum of N15 million as cost against the petitioner and further dismissed the suit.
Unhappy with the outcome, he approached the higher Court for reprieve.
The Appeal Court dismissed the Appeal filed by Akan Okon but reduced the fine of 15 million to N5million.
FHC’s Ruling
Recall that Mr. Okon had shortly after the PDP primary dragged the party, Mr. Eno and INEC to court over alleged forgery of his West African School Certificate (WASC).
In suit no FHC/UY/CS/110/2022, Mr. Okon accused Mr. Eno of forging his WAEC certificate and age declaration and prayed the court to hand over the party’s ticket to him as the next highest scorer of votes in the primaries.
But in her judgement, Justice Agatha Okeke of the Federal High Court, Uyo, dismissed the case as trite, baseless and invalid.
In addition, the court awarded N15 million cost against Mr. Okon in favour of Mr. Umo Eno, PDP and INEC, who were defendants in the case.
Dissatisfied, Mr. Okon proceeded to the Abuja Division of the Court of Appeal to challenge the ruling of the lower court.
“The issue presented before the court was a case of forgery of the 1981 and 1983 WAEC certificates presented to INEC and the PDP by Pastor Umo Eno, requiring a thorough evaluation.
“Both oral and documentary evidence abounds that the certificates were forged, but the judge carefully avoided evaluating the parties and the noticeable discrepancies pointed out in the certificates,” the statement said.
“The judge in her ruling also relied on the oral address of the Independent National Electoral Commission (INEC) which did not file any document or lead in evidence even when they were sued as the third defendant,” the statement said, adding that, in doing so, Mr Okon was denied “the opportunity to react to any formal defence by INEC,” Mr. Okon had said.
