Joe Effiong, Uyo
The Minister of Niger Delta Affairs, Sen God’swill Akpabio and his opponent in the election of Akwa Ibom North-East (Ikot Ekpene) senatorial district, Sen Chris Ekpenyong, will know their fate next week as the national assembly election tribunal rounds off its sitting.
Akpabio/ Ekpenyong’s case is the only senatorial election petition pending at the tribunal after that of Akwa Ibom North-East (Uyo) Senatorial District between Sen Bassey Albert of the PDP and Bassey Etim of the APC was on Thursday ruled in favour of Albert.
The defeated Sen Nelson Efiong of the APC did not challenge the election of the PDP Sen Akon Eyakenyi for Akwa Ibom South (Eket) senatorial district.
The tribunal presided over by Justice Jennifer Ijohor, same day also upheld the elections of Mr Unyime Idem of the PDP for Ukanafun/Oruk Anam federal constituency and Nse Ekpenyong of Oron/Udung Uko/Urueffong Oruko/Mbo/Okobo federal constituency also of the PDP.
The PDP made a clean sweep when the tribunal also upheld the election of Mr Michael Enyong for Uyo federal constituency, which was challenged by Mr Ekerete Ekpenyong of the APC.
In the respective rulings in favour of the respondents, the three-member tribunal sitting at the State Sanitation Court Complex in Uyo, cited the inability of the petitioners to prove their allegations of criminality and non-compliance with the provisions of the Electoral Act, as contained in their petitions.
In the Akwa Ibom North-East senatorial district petition, the petitioners, Bassey Etim, and his party, the APC, had alleged that Bassey Albert was not elected by majority of lawful votes, not qualified to contest the National Assembly elections as his documents were falsified and that his emergence was by reason of corrupt practices and non-compliance with the Electoral Act by the Independent National Electoral Commission.
The petitioners who were represented at the tribunal by Mr Reuben Egwaba relied on on Section 140 (3) to urge that the tribunal nullified the election of Senator Bassey Albert and declare Mr Bassey Etim as the winner.
In the alternative, the Mr Bassey Etim called on the tribunal to order a fresh election and exclude the PDP and Senator Bassey Albert from contesting.
However, the PDP’s counsel, Mr O. B. Akpan, and that of the 1st respondent Mr. Solomon Umoh SAN represented by M. D. Gwaison, submitted that the petitioners, who made wild criminal allegations of falsification of documents and non-compliance with Electoral Act, did not tender any other document to prove their claim.
Akpan also said that a witness subpoenaed by the petitioner, S. O. Ibrahim, Deputy Director, Legal Department of INEC had testified that Senator Albert satisfied INEC’s screening to contest the elections, and that no reports had been received by INEC from WAEC or any of the institutions denying any document submitted by Senator Albert.
“All witnesses of the petitioners including the petitioner only relied on hearsay in their witness statements. They confirmed on cross-examination that they only received reports from agents,” maintaining that they were unable to pinpoint units of which INEC did not comply with the provisions of the Electoral Act.
“On lawful votes, the petitioners carefully avoided and abandoned their pleadings without giving any evidence, written or oral to prove how Senator Albert was not returned elected,” the counsel said.
Similarly, the election of Hon. Unyime Idem was also upheld on the grounds that evidences of petitioners and their witnesses were based on hearsay from polling unit agents, without substantial evidences.
In proof of their petition, the petitioners called only three witnesses, PW1 – Aniebiet Sunday Idung, PW2 – Friday Thomas Uwa, PW3 – Emmanuel Ukoette
However, the tribunal upheld the argument of the respondents that “all grave criminal allegations must be proved beyond a reasonable doubt. Witnesses can only give evidence at polling units where they voted.”
The tribunal agreed with the 1st and 2nd respondents that the election into House of Representatives for the Ukanafun/Oruk Anam federal constituency of Akwa Ibom State was conducted by the 3rd respondent in compliance with the provisions of the Electoral Act 2010 (as amended) and 2019 General Elections Guidelines and Regulations in the discharge of its constitutional function.
The Tribunal also ordered the petitioner, Emmanuel Ukoette, to pay Hon. Idem the sum of N100,000).
Similarly, the petition brought before the tribunal by Mr Victor Antai of the APC challenging the victory of Chief Nse Ekpenyong of the PDP for Oron federal constituency was dismissed for lacking in merit.