Agency Report
A Federal High Court in Calabar on Monday declared Prince Bassey Otu qualified to remain the governorship candidate of the All Progressive Congress(APC) in Cross River State.
Justice Ijeoma Ojukwu made the declaration while delivering judgment in the suit by Sen. Owan Enoh seeking to disqualify Otu as the gubernatorial candidate of the APC.
Justice Ojukwu said: “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 no where 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.
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“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 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 has 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 plaintiffs case lacks merit, so this case fails and is accordingly dismissed,” she said.
Benson Igbanoi, who held brief for Chief Mike Ozekhome SAN, 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 Owan-Enoh, Jacob Abang Dakim, who held brief to Awah Kalu SAN, said they will appeal the matter immediately.
He said the entire judgment will be appealed.
“We have the mandate my client to appeal the matter immediately. If the preliminary objections succeeds, I see no reason why the main case should not succeed”, he said.
Cross River APC chairman Alphonsus Eba said the judgment is sound and that it also affirms that the party did the right thing.
He said there was no victor or vanquished by the party and advised all stakeholders to close ranks.
