 |
| APC Cndidate in Akwa Ibom Umana Okon Umana |
The All Progressives Congress (APC) governorship candidate in Akwa Ibom, Umana Okon Umana on Tuesday gained an upper hand in the petition he filed before the Election Petition Tribunal sitting in Abuja.
The Tribunal had quashed attempts by the state governor, Emmanuel Udoh to stop key witnesses of the All Progressive Congress (APC) from testifying against him on irregularities recorded in the last governorship election in Akwa Ibom State.
The Tribunal dismissed the request by the governor that all the APC witnesses be disqualified from testifying against him on the ground that they used initials in place of their names in their statements on oath meant to be used to prosecute a petition challenging his election on the platform of the Peoples Democratic Party (PDP).
Chairman of the Tribunal, Justice Sadiq Umar, while giving ruling on the request, by the governor and PDP said that the request was strange and could not be supported by any law.
Justice Umar while dismissing the request agreed with the submission of Chief Wole Olanipekun, SAN counsel to the petitioner that the witnesses have the right under the law to use their initials or acronym on their statements on oath. .
The Tribunal held that the Practice Direction formulated by the Court of Appeal to guide the procedures on the election Petition Tribunals clearly allowed the used of initials or acronym in place of the names of the witnesses just to protect the witnesses from intimidation and harassment by the oppositions party in view of the volatile nature of politics in the Nigeria.
Counsels to the governor Mr Paul Usoro SAN and Mr Tayo Oyetibo SAN for the PDP, had separately raised objections to the statements on oath made by all the APC witnesses on the ground that their real names were not on the statements but initials and acronyms .
Oyetibo specifically objected to the calling of any witness to adopt statement in oath because according to him there was no nexus between the statement and the witnesses.
He submitted that the mere use of the initials or acronym should not be allowedby the tribunal to confer the originator on the witnesses since their realnames were not printed on the statements.
The counsel also argued that his client will be denied fair hearing, if ghost witnesses whose names are not on the statements on oath were allowed to testify before the tribunal against his client.
However, the chairman overruled the objection on the basis that it was misplaced.
He added that the law and the practice direction are so clear and not ambiguous that witnesses in an election petition can use initials or acronym to preserve their identities and to save them from being attacked, molested or intimidated by the opposing party in an election petition.
After the ruling, Olanipekun SAN complained of attempt by the Independent National Electoral Commission (INEC)to frustrate his case by preventing his men from inspecting the election materials use for the disputed governorship election in Akwa Ibom.
He said members of his team on a visit to the INEC headquarters said they were prevented from inspecting the materials on the basis that the official in possession of the key where the materials are kept had travelled to Uyo carrying the key with him.
The chairman in response directed INEC to comply with the earlier order of the Tribunal to allow the inspection of the ballot papers and order materials used for the election.
In response, the counsel to INEC, Tobechukwu Nweke said he was not aware that INEC was preventing the inspection of the election materials from Akwa Ibom, although he promised to personally see to the compliance by INEC with the Tribunal’s directive.
APC candidate in the election Umana had petitioned the election of Governor Emmanuel Udoh on account of irregularities and malpractices and prayed the tribunal to annul the election and order a fresh one.
Further hearing continues Wednesday
