October 24, (THEWILL) – The federal high court in Calabar has resolved the disputed APC Guber Ticket in Cross River State in favour of Senator Prince Bassey Otu.
The court, presided over by Justice Ijeoma Ojukwu, with suit number FHC/CA/CS/95/2022, held that the plaintiff, Senator John Owan Enoh, failed to prove his case.
She further held that in the seven-paragraph affidavit submitted by the plaintiff, the allegation of forgery could not be established.
In her words, “the plaintiff failed to provide what constituted or constitutes the false information provided by the third defendant, who is the candidate of his party in his affidavit or any document submitted as contained in the constitutional requirement.
“There is nowhere in the seven-paragraph affidavit submitted by the plaintiff that the third defendant submitted any false information.
“The allegation of forgery was not established in any manner.
“None of the documents or certificates submitted by the third defendant gave evidence of forgery.
“I have carefully perused the averments and find no evidence of false information.
“The party that alleges false information according to section 29:5 of the electoral act has the onus to prove, but this was not discharged.
“For the court to rule otherwise, there must be cogent and palpable evidence to the contrary, but in this case, there is none that is presented before this court”, she said.
She added that though the third defendant was not cleared by the screening panel and the appeal panel, he was, however, cleared by the NWC and it will be a journey into oblivion to question why he was cleared.
“The real issues involved in this case have been settled in favour of the third defendant.
“In the final analysis, I find that the plaintiff has failed to substantiate his claims to be deserving of a favourable judgment of this court in terms of reliefs sought.
“This honourable court is of the humble but firm opinion that the plaintiff’s case lacks merit, so this case fails and is accordingly dismissed”, she said.
In his reaction, Benson Igbanoi, who held brief of Chief Mike Ozekome, the lead counsel for the third defendant, Prince Otu, said the pronouncement of the honourable court is a victory indeed.
However, in his reaction, counsel to Senator Owam Enoh, Jacob Abang Dakim, who held a brief to Awah Kalu SAN, said they will appeal the matter immediately.
He said the entire judgement will be appealed.
“We have the mandate of Senator Otu to appeal the matter immediately.
“if the preliminary objections succeed, I see no reason why the main case should not succeed”, he said.
On his part, Alphonsus Eba, the state chairman of the party, said the judgement is sound and that it also affirms that the party did the right thing.
He said there is no victor nor vanquished by the party and advised all stakeholders to close ranks.
About the Author
THEWILL Correspondent, Aniekan Bassey has over six years experience that spans across several fields in print journalism including development communication, sexual reproductive and health rights issues, crime, climate change, social justice, business and human interest stories.
