Tribunal: Tension As Akpabio, Ekpenyong Know Fate Today
By UbongAbasi Ise
Today, the national assembly election tribunal sitting in Uyo will decide who occupies the seat of Akwa Ibom North West Senatorial District following hearing on the petition filed by Senator Godswill Akpabio challenging the declaration of Senator Chris Ekpenyong as the winner of February 23 senatorial election.
There is deep concern on where the pendulum of justice would swing to as the tribunal sets to deliver a judgment on a case that generated huge interest from the public.
As it would be recalled, the national assembly election tribunal adopted final addresses by the parties to the petition on August 8, 2019.
While adopting final addresses, S.I. Ameh counsel to the petitioner, derided the Independent National Electoral Commission, INEC, (3rd Respondent and two ors) over their claims that there was no election in some places in Essien Udim local government area because materials were carted away by armed thugs and never replaced.
Ameh had questioned where the commission obtained the results as produced in their certified true copies and tendered before the tribunal, adding that “you cannot give what you don’t have.”
The petitioner’s counsel argued that the only election officials that could have cancelled the results remained the presiding officers, but according to available evidence, none of them cancelled any polling unit’s results. He said cancellations were done by the supervising presiding officers (SPOs) on Form EC 40 G (1) adding that the report of non-holding or cancellation of the result is the duty of the presiding officers.
Ameh reminded the tribunal that the returning officer for Essien Udim local government area, Dr. William Olosunde had admitted during cross-examination that he collated the results of 11 wards in the local government area submitted to him by various collation officer into INEC Form EC8B (1), admitting that Senator Godswill Akpabio polled 61,329 votes while Chris Ekpenyong scored 9,050.
While replying the 2nd respondent’s argument that the word “dishonesty” in the petitioner’s deposition invalidates the grounds of the petition, Ameh said that alteration of Akpabio’s votes at INEC office in Uyo was illegal. According to him, “Form EC 8C (1) which showed the adjustment of the result is dated February 24, 2019, while Form EC 8D (1) which showed the result collated by INEC in Essien Udim is dated February 25, 2019. My Lord, this is ‘dishonesty.’
S.I. Ameh further maintained that the returning officer, in a curious twist, unilaterally reduced the votes of Senator Akpabio to 6,241 while that of Senator Ekpenyong was trimmed down to 3,422 in INEC office in Uyo without the presence of the party agents and other officials.
Akpabio’s counsel therefore urged the tribunal to use its exclusive powers to cancel the result of Obot Akara local government area as a result of over-voting while praying that 61, 329 votes scored by his client be reinstated as Essien Udim returning officer unjustifiably refused to transmit the result to the collated Form EC8 D (1).
On the other hand, Chris Ekpenyong's counsel, Kanu Agabi, SAN, was calling 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.©The Sensor Newspaper
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