Tribunal: INEC Playing Ekpenyong's Script Against Akpabio - Counsel

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By UbongAbasi Ise

Barr. S. I. Ameh, counsel to Senator Godswill Akpabio (1st Petitioner), was on Friday drew the attention of the National Assembly Election Tribunal sitting in Uyo to the pre-hearing applications brought before it by all the five respondents pointing that they share similar contents and arrangements.
The tensed courtroom had a comic relief when  the Petitioner's counsel pointed out that the 2nd Respondent (Peoples Democratic Party, PDP), and the 3rd Respondent (the Independent National Electoral Commission, INEC) including the 4th to the 5th respondents were copying wholesale, the contents of the applications filed by the 1st Respondent (Engr. Chris Ekpenyong) maintaining that counsel to Ekpenyong has patent right for all pre-hearing applications, while counsels to PDP,  INEC and other respondents enjoy the franchise to copy word for word, paragraph for paragraph from Ekpenyong's counsel.
According to Ameh, "in my humble view, the franchise taken into consideration is the nature of the applications of the 2nd, 3rd down to 5th respondents. Your Lordship will find that word for word, paragraph for paragraph, the content of what the 1st has filed, permeates the whole of what the 2nd to the 5th have filed."
INEC, speaking through its lawyer, Barr. Anietie Inyang, who also represents the Returning Officer and Resident Electoral Commissioner (4th and 5th respondents respectively), was concurring with counsels to the 1st and 2nd respondents in praying that the Tribunal strike out the petition as its grounds are grossly incompetent, incoherent and inconsistent with one another. The argument, as led by Chris Ekpenyong's counsel, Kanu Agabi, SAN, was that one cannot say that an election was invalid and at the same time plead that the Respondent did not win the elections by the majority of lawful votes cast at the election, and that if one claim majority of lawful votes canvassed,  he cannot at the same time speak of an invalid election. The respondents therefore called on the Tribunal to dismiss Akpabio's petition because the inconsistency in the grounds conflicts with the reliefs sought, thus nullifying the petition, robbing the court of jurisdiction.
But Akpabio's lead counsel, S.I. Ameh, SAN, was of argument that the two grounds are competent stressing that the respondents apparently did not understand the case of the petitioner, that was why it led to their "unwarranted attack on the petition, which, is unsupported either by fact or even by law."
The petitioner said the Electoral Act supports the doctrine of mutual exclusivity which allows the combination of grounds as filed by the petitioner. He referenced Adegihi vs Nwaogu as precedent to backup the point.
Mr. Ameh contended that the Petition was not challenging the whole election but was restricted to the return of Engr. Chris Ekpenyong as the winner of Akwa Ibom Northwest Senatorial election, which is against the position of the respondents which claims that the grounds were mutually exclusive. He said the respondents' application were bereft of merit and should be dismissed.
The Chairman of the Tribunal, Justice W.O. Akanbi, upheld the petitioner's prayers, while noting that the nature of the case which is bound by timelines, would be in the interest of the parties to allow them proceed to the main subject of the case while the ruling on the preliminary objection will come as part of the final judgment of the Tribunal.
Senator Godswill Akpabio believes that Mr. Mike Igini, the Akwa Ibom Resident Electoral Officer, REC, acting for the Independent National Electoral Commission, INEC, had allegedly in collaboration with some PDP chieftains in the state, wrongfully declared Ekpeyong and his party, the PDP, winner of the poll, having scored 118,215 as against Akpabio’s 83,158.
However, the former governor's camp maintains that the result sheets from Akwa Ibom INEC office showed different figures that had Akpabio securing 138,256 votes as against Ekpeyong’s 123,843.

©The Sensor Newspaper

Go Home for more news

>Akpabio To Appear At Tribunal Today … As 10 PDP Candidates Served Petitions
>Election Tribunal Strikes Out Chris Ekpenyong's Application ... Slams PDP Candidate Over Delay Tactics
>Nse Ntuen Certificate of Return: Mike Igini Acting Udom, PDP Script - AKV
>Bribe From Udom: We Caught Tribunal Staff Red-Handed - ANRP

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