The Governorship Election Petition Tribunal presided over by Justice A. M. Yusuf, sitting in Uyo, Akwa Ibom State, Thursday affirmed the ...
The Governorship Election Petition
Tribunal presided over by Justice A. M. Yusuf, sitting in Uyo, Akwa Ibom
State, Thursday affirmed the victory of Governor Udom Emmanuel and the
Peoples Democratic Party (PDP) at the March 9 general election.
The petitioners, Obong Nsima Ekere of
the All Progressives Congress (APC), and the party had, on the May 29,
2019 filed a petition challenging the results of the March 9 election
that saw the re-election of Emmanuel as the governor of the state.
The petitioners had approached the
tribunal, after several amendments on two grounds, that the election was
invalid by reason of non-compliance with the provisions of the
Electoral Act, 2015 (sic); and that the first respondent, Emmanuel, was
not duly elected by majority of lawful votes cast at the election.
The petitioners had prayed for the
reliefs that it may be determined and declared that Emmanuel did not
secure and could not have secured the majority of lawful votes cast at
the elections.
“That it may be determined and declared
that the election was void and invalid due to non-compliance with the
provisions of the Electoral Act, 2015 (sic);
“That it may be determined and declared that the election being invalid by reason of non-compliance was null and void;
“That it be determined and ordered a
fresh election for the office of the governor in Akwa Ibom State, except
in Etim Ekpo and Essien Udim where elections were held in substantial
compliance with the Electoral Act, 2015 (sic).”
In giving the judgment, which lasted
about five hours, the tribunal first noted that the petitioners failed
to call witnesses in eight local government areas out of the 21 local
government areas where they claimed to have won.
Accordingly, the tribunal
discountenanced every documentary evidence “dumped on the court” as
regards the petitioners’ complaints from those local governments which
included Abak, Eastern Obolo, Ika, Eket, Mbo Mkpat Enin et al and cited a
case to support the tribunal decision.
The court in her ruling adopted the two
issues formulated by the petitioners for the determination of the suit.
The issues as adopted were: “Whether in the light of issues joined, the
March 9 elections were not held in non-compliance with the Electoral
Act, 2010;
“Whether the non-compliance as
established in evidence are not substantial to affect the general
outcome of the election and thus justify a cancellation of the entire
elections.”
In the end and after reviewing all the
issues bordering on the petition on the point of law, the three-man
panel unanimously upheld the elections of Governor Emmanuel at the March
9, 2019 election and dismissed the petition of Ekere and the APC.
COMMENTS