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By Judex Okoro, Calabar
The legal battle over who is authentic governorship candidate of the All Progressives Congress (APC), yesterday, resumed at the Federal High Court, Calabar with Senator John Owan Enoh questioning the declaration and subsequent submission of Senator Bassey Otu’s name as the party’s gubernatorial candidate.
Shortly after the May 26, 2022 Cross River State governorship primary, Enoh, instituted a case at the Federal High Court, Calabar in Suit No.FHC/CA/061/2022 between him, APC, INEC and Otu. In the suit, Enoh challenged the process that threw up Otu as governorship candidate.
He prayed the court to determine whether “Bassey Otu was qualified to participate in the APC May 26, 2022 in Cross River State governorship primary having not been cleared by the screening committee of the party and with regard to the provisions of Articles 3, 14.15, 16 and 19 (6) of the Constitution of the APC for the process of nomination of candidates and pursuant to Section 84(3) of the Electoral Act and Section 177 of the Constitution of the Federal Republic of Nigeria, 1999.”
Enoh further prayed the court to determine whether Otu, “having been disqualified by the screening committee and Screening Appeal Committee for questionable academic credentials and failure to produce his first school leaving certificate nor his West African School Certificates, ought to have participated in the election primaries.”
He also asked the court to determine whether the organising secretary of the party had the power toclear the Otu, who was disqualified by the screening committee and the Screening Appeal Committee.
At the resumption of hearing, yesterday, counsels to both Enoh and Otu, Awa Kalu (SAN) and Mike Ozekhone (SAN) respectively, addressed the court on the matter.
Kalu argued that to be qualified to run for party primaries, aspirants must be cleared by the screening committee set up by the second defendant (APC).
“Our submission is that based on the documents available to us, the third defendant (Senator Prince Bassey Edet Otu), has not showed that he was fully cleared after screening and the plaintiff hasn’t equally indication that there was an appeal to the screening committee from the third defendant.”
Ozekhone, counsel to Otu, however, kicked against the submission by Enoh’s counsel on his clients WEAC certificate. He augured that Enoh could not bring in a witness from the West African Examination Council (WAEC), without telling the court why he is bringing the witness and what conflict he wanted to resolve by the witness as required by law.
He argued that Order 4 Room 1 of the Federal High Court pre-election practice direction makes it clear that you can only come to court by way of originating Summons, which must be brought by way of affidavit evidence.
After listening to both counsels, the presiding judge, Justice Ijeoma Ojukwu, adjourned the matter to today to allow parties produce their thoughts on the matter.
The legal battle over who is authentic governorship candidate of the All Progressives Congress (APC), yesterday, resumed at the Federal High Court, Calabar with Senator John Owan Enoh questioning the declaration and subsequent submission of Senator Bassey Otu’s name as the party’s gubernatorial candidate.
Shortly after the May 26, 2022 Cross River State governorship primary, Enoh, instituted a case at the Federal High Court, Calabar in Suit No.FHC/CA/061/2022 between him, APC, INEC and Otu. In the suit, Enoh challenged the process that threw up Otu as governorship candidate.
He prayed the court to determine whether “Bassey Otu was qualified to participate in the APC May 26, 2022 in Cross River State governorship primary having not been cleared by the screening committee of the party and with regard to the provisions of Articles 3, 14.15, 16 and 19 (6) of the Constitution of the APC for the process of nomination of candidates and pursuant to Section 84(3) of the Electoral Act and Section 177 of the Constitution of the Federal Republic of Nigeria, 1999.”
Enoh further prayed the court to determine whether Otu, “having been disqualified by the screening committee and Screening Appeal Committee for questionable academic credentials and failure to produce his first school leaving certificate nor his West African School Certificates, ought to have participated in the election primaries.”
He also asked the court to determine whether the organising secretary of the party had the power toclear the Otu, who was disqualified by the screening committee and the Screening Appeal Committee.
At the resumption of hearing, yesterday, counsels to both Enoh and Otu, Awa Kalu (SAN) and Mike Ozekhone (SAN) respectively, addressed the court on the matter.
Kalu argued that to be qualified to run for party primaries, aspirants must be cleared by the screening committee set up by the second defendant (APC).
“Our submission is that based on the documents available to us, the third defendant (Senator Prince Bassey Edet Otu), has not showed that he was fully cleared after screening and the plaintiff hasn’t equally indication that there was an appeal to the screening committee from the third defendant.”
Ozekhone, counsel to Otu, however, kicked against the submission by Enoh’s counsel on his clients WEAC certificate. He augured that Enoh could not bring in a witness from the West African Examination Council (WAEC), without telling the court why he is bringing the witness and what conflict he wanted to resolve by the witness as required by law.
He argued that Order 4 Room 1 of the Federal High Court pre-election practice direction makes it clear that you can only come to court by way of originating Summons, which must be brought by way of affidavit evidence.
After listening to both counsels, the presiding judge, Justice Ijeoma Ojukwu, adjourned the matter to today to allow parties produce their thoughts on the matter.
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