The Independent National Electoral Commission (INEC), has insisted that the All Progressives Congress (APC) candidate, Senator Bassey Otu, won the last gubernatorial election in the state.
The commission said the candidate won the elections free, fair and square and no circumstances affected the results.
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INEC disclosed this through its lone witness and its Head Of Operations, Agwu Kenneth, who testified in the ongoing Cross River Elections Petitions Tribunal before closing its case.
Agwu, who was introduced to the tribunal by the Commission’s Counsel K.O. Balogun, told the tribunal that he was at the centre of the elections.
He adopted his written statement on oath earlier deposed on the 30th of April, 2023, and also adopted same as his evidence before the tribunal.
Under Cross examination by counsel to the PDP, Dr Jonah Musa SAN, Agwu said he confirmed that the information supplied in Form EC9, formed the basis for which the commission said the second and third respondent are qualified to stand for the election.
He also told the tribunal that he did not verify if the third respondent was granted a waiver from getting citizenship in the UK because the information he supplied was under Oath.
Speaking further and under examination from Counsel to APC, Essien H. Andrew SAN, he stated that INEC published the list of candidates for the elections as stated in the electoral act and at that stage anyone who had reasons to object was entitled to go to court.
He disclosed that INEC is not aware of any judgement stating that any of the documents submitted by the second and third respondents are not authentic.
He added that the commission is satisfied that with the documents supplied in Form EC9, the third respondent is a citizen of Nigeria.
At the end of the proceedings, the head of the tribunal, Justice Oken Inneh, adjourned till Tuesday, 18th July, 2023, for the second and third respondents to open their defence.
Speaking after the days proceedings, Counsel to the PDP, Dr Jonah Musa SAN, said INEC called their sole witness and closed its case.
He disclosed that “the witness came to testify and then we confronted him with the form EC9 of the governor and he admitted that there were discrepancies on the Oath he swore and the certificates they tendered”, he said.
On his part, counsel to the second and third respondents, Professor Mike Ozekhome SAN, said the petition is dead on arrival, as the petitioners are re-litigating a matter they had lost.
Speaking on the alleged discrepancies, Professor Ozekhome said, “there are no discrepancies in the dates and in any case if there are, the Electoral Act gave the opportunity to anyone who felt documents submitted to INEC were not clean documents to go to court and that would have been a pre election matter not an election petition”, he said.
He stressed that the so called discrepancies is the difference between the year of entry and the graduation year.
During the proceedings, Professor Ozekhome SAN, also tendered the original copies of the certificates of the governor.
These include his first school leaving certificate, West African Senior Secondary School Certificate, as well as his University of Calabar Degree Certificates.
The petition which has as suit number EPT/CR/GOV/02/2023, was instituted by the People’s Democratic Party (PDP) candidate, Professor Sandy Onor.
Professor Onor wants the tribunal to disqualify the winner of the election, as they were not qualified to stand for the elections as at the time they did.
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